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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 JA

Judgement

RULING

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 urgent.

2.that leave be granted to the applicants to file a notice of appeal and address of service out of time in Civil Appeal No. 157 of 1996.

3.that leave be granted to persons interested, the members of the Karen and Langata District Association, being persons directly interested and affected by the result of the decision of the superior court appealed from in Civil Appeal No. 157 of 1996 and being persons who took no part in the proceedings in the superior court, to be heard, in the appeal and for their counseā€¦

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