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Muchanga Investments Limited v. Safaris Unlimited (Africa) Limited, Registrar of Titles & Attorney General

(2001) JELR 98874 (CA)

Court of Appeal  •  Civil Application Nai. 376 of 2000  •  7 Jun 2001  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

RULING OF THE COURT

This is an application for a reference under rule 54(1)(b) of the Rules of this Court. It has been ably argued by Mr. Mwenesi with his usual ability. Two points have been urged: first, rule 22 has not been complied with. The learned single judge did not consider this relevant and we respectfully agree with him. The discretion exercised in granting the extension cannot be disturbed.

Accordingly, we are not persuaded that the learned single judge erred in principle or otherwise in granting the order as he did. This reference therefore fails and is accordingly dismissed with costs.

Made at Nairobi this 7th day of June, 2001.

P.K. TUNOI

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JUDGE OF APPEAL

A.A. LAKHA

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JUDGE OF APPEAL

E. OWUOR

.........................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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