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KIPRONO KITTONY,TAXTAR INVESTMENTS LIMITED V. KENYA POST OFFICE SAVINGS BANK & ANTONY FRANCIS WAREHAM T/A A. F. WAREHAM

(2001) JELR 100317 (CA)

Court of Appeal  •  civil misc appl 328 of 00  •  11 May 2001  •  Kenya

Coram
Paul Kihara Kariuki

Judgement

RULING

There are two applications before me both brought by way of Chamber Summons and expressed to have been brought under the inherent powers of the court, section 55(2) of the Anti-Corruption and Economic Crimes Act, 2003 (to which I shall hereinafter refer to as "the Act") and Order 36 rule 12 of the Civil Procedures Rules. The first of these applications and bearing date the 25th August 2004 was filed on the 27th August 2004 by the Fourth, Fifth and Sixth Defendants/Applicants; the second, dated and filed on the 31st August 2004, was taken out by the Second and Third Defendants/Applicants. As both applications seek orders in identical terms namely:

"that this suit be dismissed and or struck out AND the Plaintiff do pay each of these Defendants' costs of this application and those of this suit"

and were heard together with the consent of the parties, I shall deal with them both in this ruling and for the purposes thereof refer to them hereinafter as "the applications" and to all of t…

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