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Nzioki v. Kitusa

(1982) JELR 96329 (CA)

Court of Appeal  •  Civil Appeal 54 of 1982  •  23 Dec 1982  •  Kenya

Coram
Eric John Ewen Law, Alan Robin Winston Hancox, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Law, Potter JJA and Hancox Ag JA )

CIVIL APPEAL 54 OF 1982

BETWEEN

NZIOKI...........................................................................APPELLANT

AND

KITUSA .....................................................................RESPONDENT

(Appeal from the High Court at Nairobi, Muli J)

JUDGMENT

On April 9, 1980, a civil appeal to the High Court was summarily dismissed by Muli J. As it was a second appeal, no appeal lies from Muli J’s decision to this court, by virtue of section 71A(2) of the Civil Procedure Act. We are of the view that the learned judge should not have summarily dismissed the appeal. Section 79B of the Civil Procedure Act empowers the High Court summarily to dismiss an appeal where the judge considers that there is no sufficient ground for interfering with the decree appealed from. That power should be sparingly used, and only in the clearest cases, such as an appeal based entirely on points of fact, raising no questions of l…

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