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Peter Biwott v. Samuel Biwott, Phelimon Biwott, Wilson Biwott & Dinah Chesanf Buruko

(2015) JELR 95268 (CA)

Court of Appeal  •  Civil Appeal 25 of 2012  •  10 Dec 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

In this appeal, the appellants seek orders that the appeal be allowed, that the judgment and decree of Osiemo, J. be set aside with costs to the appellant.

In the memorandum of appeal, one of the grounds is that the learned judge erred in law in failing to date and countersign the judgment contrary to the requirements of Order 21 of the Civil Procedure Rules after it was pronounced.

When the parties appeared before us, Mr. Mathai, learned counsel for the appellant submitted that the judgment was written by Osiemo, J. and pronounced by Ang’awa, J. but that it was neither signed nor dated by the judge who wrote the judgment; that in the absence of these requirements the judgment was null and void.

Mr. Birech, learned counsel for the respondents conceded that the judgment was neither signed nor dated. It was counsel’s view that, since the judgment did not comply with order 21 rule 3 of the Civil Procedure Rules, the suit should be referred back to the High Court for ret…

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