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Miller v. Miller

(1988) JELR 99071 (CA)

Court of Appeal  •  Civil Appeal 83 of 1988  •  22 Sep 1988  •  Kenya

Coram
Joseph Raymond Otieno Masime, John Mwangi Gachuhi, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Nyarangi, Gachuhi and Masime JJA )

CIVIL APPEAL No. 83 OF 1988

BETWEEN

MILLER................................................................APPELLANT

AND

MILLER.............................................................RESPONDENT

JUDGMENT

(Appeal from a Ruling and Order of the High Court at Nairobi, Rauf J)

September 22, 1988, Nyarangi, Gachuhi and Masime JJA delivered the following Judgment.

This is an appeal from a Ruling and Order of the High Court (Rauf, J) given and made on June 28, 1988 whereby he dismissed the respondent’s application by Notice of Motion under Section 3A of the Civil Procedure Act and Order 50 rule 1 of the Civil Procedure Rules for orders that the trial Judge do disqualify himself from hearing the case and that the case be heard in open court.

In the memorandum of appeal, the appellant attacks the decision of the High Court by asserting, inter alia, that the trial Judge erred in failure to apply the law governing the disqualif…

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