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Kanyingi v. Nyanja & 2 others

(2007) JELR 100252 (CA)

Court of Appeal  •  Civil Appeal No 168 of 2003  •  28 Sep 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

REPUBLIC OF KENYA

COURT OF APPEAL AT NAIROBI

CIVIL APPEAL NO 168 OF 2003

Kanyingi v. Nyanja and 2 others

Nairobi September 28, 2007

nyango-Otieno JJ A

Civil Appeal No 168 of 2003

On an order and ruling of the High Court of Kenya at gholi-Msagha, J) dated 191 June, 2003 in respect of the day by the petitioner of the better and further particulars 0' March, 2003 and filed in Court by the petitioner 11' March, 2003 in Petition Cause No 27 of 2003)

procedure - special nature of the proceedings in an )ohrers of an Election Court to control the proceedings

particulars whether a petitioner who has supplied requested thdraw them in the middle of a part-heard application )etition and the particulars whether the pleadings are party who files them and he is free to withdraw them 'they a request for particulars in an election petition !nder order VI of the Civil Procedure Rules National s (Election Petition) Rules, rules 5, 23, 24, 25.it, was a candidate for the Limuru Constituency in the General Election…

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