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Nyongesa & 4 others v. Egerton University College

(1990) JELR 94515 (CA)

Court of Appeal  •  Civil Appeal 90 of 1989  •  17 Dec 1990  •  Kenya

Coram
Joseph Raymond Otieno Masime, John Mwangi Gachuhi, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NYARANGI, GACHUHI and MASIME JJ A)

CIVIL APPEAL NO 90 OF 1989

NYONGESA and 4 OTHERS.......................... APPELLANTS

VERSUS

EGERTON UNIVERSITY COLLEGE............... RESPONDENT

(Appeal from the Ruling and Order of the High Court at Nakuru (Tunoi J) dated 12th April 1989 in High Court Misc Civil Application No 10 of 1987)

JUDGMENTS

Nyarangi JA.This is an appeal from a ruling given on April 12, 1989 by Tunoi J whereby he refused the appellants’ application for orders of mandamus against Egerton University College (the College). The history of the matter is as follows: On April 5, 1988, the applicants who were then students at the respondent college moved the High Court Nakuru by a notice of motion under order 53 rule 3 of the Civil Procedure Rules for orders that mandamus be issued firstly to command and/or compel the vice-chancellor of the respondent college, the Senate and the Council of the college and any person or body concerned in the matter to…

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