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Kenneth Stanley Njindo Matiba v. Daniel Toroitich arap Moi

(1993) JELR 100162 (CA)

Court of Appeal  •  Civil Application NAI 241 of 1993  •  19 Nov 1993  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdul Majid Cockar, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Cockar, Muli and Omolo JJ A )

CIVIL APPLICATION NO. 241 OF 1993

BETWEEN

KENNETH STANLEY NJINDO MATIBA..................................APPLICANT

AND

DANIEL TOROITICH ARAP MOI.........................................RESPONDENT

(Application to strike out a notice of appeal in an intended appeal from a decision of the High Court of Kenya at Nairobi (Mr Justice Torgbor, Mr Justice Amin and Mr Justice Couldrey) dated 1st July, 1993

in

High Court Election Petition No 27 of 1993)

*****************************************

RULING

Cockar JA. This is a notice of motion filed under rules 42(1) and 80 of the Court of Appeal Rules to strike out the notice of appeal dated and filed on 2nd July, 1993, on behalf of the respondent against the decision of the High Court of Kenya given on 1st July, 1993. The facts leading to the notice of motion briefly are that following the election of His Excellency President Daniel Toroitich arap Moi, the respondent, as the President of …

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