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Karanja v. Kabugi & another

(1981) JELR 100240 (CA)

Court of Appeal  •  Civil Appeal 30 of 1981  •  10 Jun 1981  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Law, Miller and Potter JJA )

CIVIL APPEAL NO. 30 OF 1981

BETWEEN

KARANJA............................................................................APPELLANT

AND

KABUGI.............................................................................RESPONDENT

JUDGMENT

Law JA This is an appeal by the petitioner in an election petition (No 20 of 1979), the hearing whereof has not yet begun before the High Court sitting as an Election Court under Section 44 of the Constitution of Kenya, against three rulings made by that Court in the course of interlocutory proceedings. The petition was filed on December 7, 1979, and two paragraphs in the petition are relevant to this appeal. The first is paragraph 10, which reads ā€”

ā€œ10. Your Petitioner states that the said Preliminary Election for the said constituency was not conducted in accordance with the provisions of the Act and of the Regulations and other provisions of law nor in accordance with the principles laid dā€¦

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