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Mike Maina v. Commissioner of Lands & another

(1997) JELR 99076 (CA)

Court of Appeal  •  Civil Application 221 of 1997  •  10 Sep 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: OMOLO, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 221 OF 1997 (97/97UR)

BETWEEN

MIKE MAINA...............................................................APPLICANT

AND

THE COMMISSIONER OF LANDS

THE ATTORNEY GENERAL

(ON BEHALF OF THE MINISTRY OF LANDS AND

THE COMMISSIONER OF LANDS)..........................RESPONDENTS

(Appeal from a judgment of the High Court of Kenya at Nairobi

(Mbito J) dated 21st June, 1996

in

H.C.MISC.APPLN. NO.296 OF 1996)

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

R U L I N G

There is before me what is styled -

"NOTICE OF MOTION (EX-PARTE)" -

and as is obvious from that heading the motion does not state under what provisions of the law it is brought. It was, however, heard before me inter partes and the motion itself sought four orders, namely:-

1.that it (motion) ought to be certified as urgent and heard during vacation. This first order was granted by my learned brother, Shah J.A. on the 28th August, 1997 when he certified the motion as being…

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