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RAYLEIGH W. WANYAMA V. LORNA MUKHWANA WANYAMA, KHISA MUYUNDO ALIAS ZABLON KASISI MUYUNDO, HENRY WAMALWA WANYAMA & MAURICE JUMA WANYAMA

(2020) JELR 93908 (CA)

Court of Appeal  •  Civil Appeal 96 of 2016  •  3 Apr 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Patrick Omwenga Kiage

Judgement

JUDGMENT OF ASIKE-MAKHANDIA, JA

The appellant, Rayleigh W. Wanyama through a notice of motion application before the High Court sought directions on the mode of proceeding with his appeal. When both appellants and respondents appeared before court to take the said directions, counsel for the respondents raised an oral preliminary objection to the effect that the appellant had filed an application in Bungoma CMCC No. 460 of 2009 seeking to be enjoined in that suit which application was dismissed by Hon. Ng’ang’ar, S.R.M. and no appeal was preferred against that decision. The appellant then filed another application seeking several orders among them an order for review and setting aside the ruling and order of Ng’ang’ar aforesaid. What was of interest though was that the application did not attack the ruling sought to be reviewed but rather the subsequent ruling by Hon. Atiang, RM on review in which he found the appellant not to be a party to the suit. It was therefore, submitted that th…

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