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Peter Kimani Kairu t/a Kimani Kairu & Company Advocates v. Anna Marie Cassiede & Bruno Cassiede

(2017) JELR 94992 (CA)

Court of Appeal  •  Civil Application 264 of 2016 (UR 213/2016)  •  28 Jul 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Kathurima M'inoti



Before us is a rather unusual application in which the applicant, Peter Kimani Kairu, an advocate of the High Court, seeks several orders in the alternative. Firstly he urges us to rescind this Court’s order dated 15th December 2015, which marked his appeal, Civil Appeal No. 175 of 2008, as withdrawn with costs to the respondents, and reinstate the same for hearing and determination. Secondly, he prays in the alternative for an order extending time to file a notice and record of appeal out of time, so that he can start all over again and appeal against the order of the High Court that was impugned in the withdrawn appeal. Lastly he seeks stay of execution of the said order of the High Court pending the hearing and determination of the reinstated or the new appeal. The respondents, Anna Marie Cassiede and Bruno Cassiede, who at the material time were the applicant’s clients, contend in answer that there is no jurisdiction to grant the orders sought by the applicant; …

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