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Nancy Wanja Gatabaki v. Ashford Muriuki Mugwuku T/A Ashford & Co. Advocates [2014] eKLR

(2013) JELR 98608 (CA)

Court of Appeal  •  Civil Application Nai 65 of 2013 (Ur 43/2013)  •  19 Apr 2013  •  Kenya

Coram
Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

This matter was placed before me pursuant to Rule 47(5) of this Court’s Rules. This was after the applicant’s advocates applied informally by their letter dated 27th March 2013 for a hearing inter partes on the question of urgency.

Appearing for the applicant were Mr. Ndegwa Wokabi led by Mr. Mbuthi Gathenji learned counsel. For the respondent, learned counsel Mr. Nganga Mbugua placed himself on record and expressed himself as ready to proceed.

Before I could hear counsel on urgency, however, Mr. Gathenji raised a two pronged objection to Mr. Mbugua’s presence and participation namely;

That Mr. Mbugua’s firm having been served with a Notice of Appeal on 6th March 2013, he was obligated under Rule 79 of this Court’s Rules to file and serve a notice of address for service within 14 days of being so served but had not done so;

That having filed nothing in response to the certificate of urgency and the affidavit in its support, Mr. Mbugua ought not to be heard as it is unkn…

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