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Rafiki Enterprises Limited v. Kingsway Tyres & Automart Limited

(1996) JELR 94023 (CA)

Court of Appeal  •  Civil Application Nai. 375 of 1996  •  24 Dec 1996  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Philip Kiptoo Tunoi

Judgement

RULING OF THE COURT

Rafiki Enterprises Ltd, the applicant hereinafter, comes to this Court purportedly under sections 100, 63(e) and 34 of the Civil Procedure Act, section 3(2) and (3) of the Appellate Jurisdiction Act, Rules 1(3) and 42 of the Court of Appeal Rules, Order 50 Rule (1) and (2) of the Civil Procedure Rules and section 84(1) of the Constitution of Kenya. The application before the court is by way of notice on motion and we suppose that is why Rule 42 of the Court's rules is among the enabling provisions cited. Rule 42(1) of the Court's rules simply provides that-

"Subject to the provisions of sub-rule (3) and to any other rule allowing informal application, all applications

to the Court shall be by motion, which shall state the grounds of the application."

Rule 1(3) of the court's rules provides that

"Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make

such orders as may be necessary for the ends of justice or to prevent …

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