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NANYUKI MUNICIPAL COUNCIL v. EPHANTUS KIRUHI KIHUNI

(2007) JELR 98695 (CA)

Court of Appeal  •  CIVIL APPLICATION 179 OF 2007 (NYR 9/2007)  •  2 Nov 2007  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NYERI


CIVIL APPLICATION 179 OF 2007 (NYR 9/2007)

NANYUKI MUNICIPAL COUNCIL ....................................... APPLICANT

AND

EPHANTUS KIRUHI KIHUNI ......................................... RESPONDENT

(Application for leave to amend a notice of appeal in an intended appeal from a judgment of the High Court of Kenya at Nyeri (Khamoni, J) dated 16th March, 2006 In H.C.C.C No. 63 of 1997)

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R U L I N G

The applicant craves leave to amend its notice of appeal lodged in the superior court on 21st March, 2006 in respect of Nyeri H.C.C.C No. 63 of 1997 by substituting the second word “Appeal” in line 3 of the Notice of Appeal with the word “Case”.

I must say that this is one of the most rare applications to be filed in this Court, because Notices of Appeal being the most basic and elementary documents in an appeal are normally termed; and indeed, deemed primary documents which are not amenable to amendment.

In most cases this…

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