<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is an appeal from the judgment of <em>Owuor, J.</em> <em>(as she then was)</em> delivered in Nairobi on <em>29</em><em>^th</em><em> May, 1998</em>. When the appeal came up for hearing before us on <em>21</em><em>^st</em><em> October, 2008</em>, Mr. S.M.W. Kinuthia appeared for the appellant, while Miss. L.N. Waigera appeared for the respondent.</p><p>In his submission, Mr. Kinuthia pointed out that the learned Judge dealt with the application dated <em>20</em><em>^th</em><em> December, 1990</em> instead of that dated <em>4</em><em>^th</em><em> February, 1992. </em>Mr. Kinuthia asked us to remit the matter to the superior court for hearing.</p><p>On her part, Miss Waigera conceded to Mr. Kinuthia’s submission saying that she would have no problem if the matter were to be taken back to the superior court.</p><p>We have perused the record of appeal and we agree with both Mr. Kinuthia and Miss Waigera that the matter be taken back to the superior court for hearing. It is indeed true that the learned Judge dealt with the application dated <em>20</em><em>^th</em><em> December, 1990</em> which application had been dealt with and finalized by…</p>