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Kenneth Imbahale Akibaya v. City Council of Nairobi & Vallabhdas Karsandas Raniga

(1996) JELR 100170 (CA)

Court of Appeal  •  Civil Appeal 181 of 1993  •  30 Sep 1996  •  Kenya

Coram
Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

Mr Akibaya has applied for this appeal to be adjourned as he objects to the participation of Akiwumi and Shah, JJ.A and also because he wants the appeal to be heard by a 5-judge bench.

We reject the application as we consider it absolutely frivolous. Mr Akibaya then decided to gather his papers and leave the Court. That apart, we are informed by Mr Khan that this appeal has been overtaken by events as the subject matter of the suit namely Plot L.R. No. 37/566 Nairobi has been ordered transferred to and registered in the name of Mr V.K. Raniga, the second respondent following the judgment of this Court in Civil Appeal No. 126/91. In the circumstances, we see no merit in this appeal and we order it to be dismissed with costs to the respondents.

Dated and delivered at Nairobi this 30th day of September, 1996.

R.O. KWACH

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JUDGE OF APPEAL

A.M. AKIWUMI

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JUDGE OF APPEAL

A.B. SHAH

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JUDGE OF APPEAL

I cert…

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