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Ramzan Abdul Dhanji v. Union Insurance Company of Kenya Limited

(1997) JELR 93928 (CA)

Court of Appeal  •  Civil Application Nai. 101 of 97  •  18 Jun 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

This is an application by the respondent under rule 80 of the Rules of this Court to strike out Civil Appeal No. 172 of 1996 on the ground that the said appeal is against an order from which leave is required to appeal and it is not in dispute that such leave was neither sought nor granted. The application giving rise to the decision from which it is intended to appeal was made for stay of execution and to set aside the judgment of 10th January, 1996. By an oral application the respondent applied to add a prayer to set aside the consent order of 21st November, 1995. The first prayer was under Order XX1 r. 22 in respect of which an appeal can only lie with leave. Once the prayer to set aside the consent order was also included the application to set aside the judgment of 10th January, 1996, the latter was overtaken and indeed the setting aside of the consent order became the crux of the application. The judgment, after all, was only consequential to the consent order…

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