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Paul Tsalwa Ambeyi v. Southern Cross Safaris

(2010) JELR 94229 (CA)

Court of Appeal  •  Civil Application 76 of 2010  •  16 Jul 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement


IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPLICATION NO. 76 OF 2010

BETWEEN

PAUL TSALWA AMBEYI.......................................... APPLICANT

AND

SOUTHERN CROSS SAFARIS................................. RESPONDENT

(Application to the Court of Appeal to waiver the payment of court fees and the applicant be allowed to file his intended appeal as a pauper from the ruling of the High Court of Kenya (Ransley J.) delivered on 17th May 2005

in

HIGH COURT MISC. CIV. APP. 983 OF 2004)

*********************

RULING

Paul Tsalwa Ambayi, is the applicant in an application for leave to file an appeal as a pauper, with Southern Cross Safaris as respondent. The application is expressed to be brought under rule 112 of the Court of Appeal Rules, which, as material, provides thus:

“112 (1) If in any appeal from a superior court in its original or appellate jurisdiction in any civil case the court is satisfied on the application of an appellant that he lacks the means to pay the required fees or to deposit the …

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