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MUNICIPAL COUNCIL OF KITALE V. NATHAN FEDHA

(1983) JELR 105010 (CA)

Court of Appeal  •  Civil Appeal 7 of 1983  •  23 Nov 1983  •  Kenya

Coram
Harold Grant Platt, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Kneller, Hancox JJA and Platt Ag JA)

CIVIL APPEAL NO 7 OF 1983

BETWEEN

MUNICIPAL COUNCIL OF KITALE ....................... APPELANT

AND

NATHAN FEDHA ..........................................RESPONDENT

(Appeal from the judgement of the High Court of Kenya at Eldoret (Mbaya, J) dated December 1, 1982 in Civil Suit 106 0f 1981

RULING

There are three applications before this court (two by the Municipal Council of Kitale, the appellant, and one by Nathan Fedha, the respondent) which have been consolidated and I will deal with them in chronological order.

First, the appellant’s motion on notice of February 10, 1983 expressed to be brought under rules 42(1), 44 and 1(3) for leave to have a copy of the decree of the High Court included in the record of appeal filed on February 3, 1983 because it was not possible to obtain it before that date for there was a delay in receiving a copy of the proceedings and judgment.

Rule 42(1) sets out the form for such applicati…

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