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Samuel Gichina Muiruri v. Evanson Kimemia

(2002) JELR 94498 (CA)

Court of Appeal  •  Civil Application Nai 378 of 2001 (NKU 35/01)  •  21 Feb 2002  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

CORAM: O'KUBASU, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 378 OF 2001 (NKU 35/01) BETWEEN

SAMUEL GICHINA MUIRURI ............................. APPLICANT

AND

EVANSON KIMEMIA ..................................... RESPONDENT

R U L I N G

This is an application under rule 4 of this Court's Rules. The application comes up as a result of a long history of confusion brought about by the issue of date of judgment. The judgment in question was dated on a different day from when it was delivered. That was the beginning of the problems that have been associated with this matter. As we know vide rule 4 of this Court's Rules , this Court has unfettered discretion but like all other discretions this discretion must be exercised in a judicial manner bearing in mind that the ends of justice must be met for both sides. The guidelines can be found in the ruling of this Court in LEO SILA MUTISO v. ROSE HELLEN WANGARI MWANGI CivilApplication No. NAI 251 of 1…

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