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Pascale Mireille Baksh & Nilesh Prahladbhai Patel v. Nishth Yogendra Patel

(2009) JELR 95194 (CA)

Court of Appeal  •  Civil Appeal (Application) 189 of 2007  •  16 Jan 2009  •  Kenya

Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno



In the judgment dated and delivered 13th March, 2006, in the High Court Civil Case No. 617 of 1995, the superior court dismissed the suit filed by the respondent/appellant, Nishith Yogendra Patel the legal representative of the deceased plaintiff Yogendra Purshottam Patel against Pascale Mireille Baksh (nee Patel) and Nilesh Prahladbhai Patel, the 1st application/respondent and 2nd applicant/respondent respectively in this application before us and allowed the counter-claims by the applicants/respondents with costs. The respondent/appellant felt aggrieved by that decision and filed Civil Appeal No.189 of 2007 against that decision in this Court on 28th August 2007. Upon being served with the record of that appeal, the applicants/respondents through their advocates, Hamilton Harrison and Mathews, brought this Notice of Motion before us dated 28th September 2007, premised upon rule 80 of the Court of Appeal Rules in which they sought orders that: “1. The Notice of App…

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