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Kaplan & Stratton v. L.Z. Engineering Construction Ltd,Yaya Towers Limited & Ramesh Manek

(2001) JELR 100247 (CA)

Court of Appeal  •  Civil Application Nai. 115 of 2000  •  5 Mar 2001  •  Kenya

Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Bernard Chunga



This is a reference from the decision of a learned single Judge of this Court brought under rule 54(1)(b) of the Rules of this Court (the Rules). It is a two pronged reference whereby the applicant seeks reversal of the decision of the learned single Judge firstly, as regards the refusal by him to disqualify himself from hearing the application, and, secondly, as against the refusal by him to grant the orders sought.

The application was lodged on 25th April, 2000 and was stated to be brought under rules 4, 41, 52(1) and 74(1) of the Rules. The applicant sought the following orders:

"1.The time for lodging and serving the Notice of Appeal be extended;

2.The time for lodging and serving the memorandum and Record of Appeal be extended;

3.The applicant be permitted to treat the five volumes of the Record of App eal in the struck out Appeal No. 39 of 1998 as part of the Record of Appeal in the intended appeal without filing fresh copies in the Court of Appeal and without s…

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