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RICCARDO FANELLI, CARLO NERI & LINESTAFF LIMITED V. FRIGRIERI GRAZIANO

(2015) JELR 96315 (CA)

Court of Appeal  •  Civil Application 51 of 2015  •  4 Dec 2015  •  Kenya

Coram
Kathurima M'inoti

Judgement

RULING

Before me is yet another ominous motion on notice in which the applicants are seeking in the same application, reliefs which can only be granted by a single judge, as well as other reliefs which must be sought before the full court. This undesirable practice that is fast taking root in Malindi and Mombasa has no basis in the rules of procedure, encourages wastage of time in the form of unnecessary objections and is otherwise a devise for avoiding payment of the prescribed court fees for applications before a single judge, and those before the full court. We have previously decried the practice in CHRISTOPHER IDDI MOTO and 15 OTHERS v. CHIRIBA NYAMBU BARUA and ANOTHER, CA NO. 43 OF 2014 (UR 38/14) and FEISAL MOHAMED ALI v. REPUBLIC, CR AP.NO. 2 OF 2015 (UR1/15) and hope that it shall ceases forthwith.

For the record applications for extension of time under Rule 4 of the Court of Appeal Rules are, by virtual of the provisions of rule 53 (1) to be heard and determined in the first i…

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