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Masinde Muliro v. Dickson Ochieng'

(1983) JELR 99212 (CA)

Court of Appeal  •  Civil Application Nai 8 of 1983  •  7 Mar 1983  •  Kenya

Coram
Eric John Ewen Law, Alister Arthur Kneller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM :LAW, POTTER JJA and KNELLER Ag JA)

CIVIL APPLICATION NO. NAI 8 OF 1983

MASINDE MULIRO .............................................. APPLICANT

VERSUS

DICKSON OCHIENG’ .........................................RESPONDENT

(In an intended appeal from an order of the High Court at Nairobi, Aganyanya J)

JUDGMENT

Kneller Ag JA Mr Raiji, for the first respondent (Mr Ochieng’), who was the decreeholder in the High Court, took a preliminary point, namely, that Mr Akhaabi’s application, on behalf of the judgment debtor (Mr Muliro), for leave to appeal was incompetent and should be struck out because, although the application was accompanied by a copy of the decision against which Mr Muliro desired to appeal, there was no copy of the order of the High Court refusing to give leave to appeal, and this fell foul of rule 43 (3) of the Court of Appeal Rules. Mr Omondi, who appeared for the auctioneer, who sold Mr Muliro’s farm and Mr Onalo, who appeared for the purchas…

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