IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, KWACH and LAKHA, JJ.A.)
CIVIL APPEAL NO. 51 OF 1996
BETWEEN
SHAHEEN YAKUB (NEE KHALFAN) ................APPELLANT
AND
IJAZ YAKUB ..................................................RESPONDENT
(Appeal from the Ruling of the High Court of Kenya at Mombasa
(Justice S.O. Oguk) dated 23rd January, 1995 at Mombasa
in
(MISC. CIVIL CASE NO. 269 OF 1994 (O.S.))
*************************
ORDER OF THE COURT
Mr. Mahan for the appellant applies for leave to withdraw the appeal since more than three years have now expired since the date of the marriage. The appellant is entitled to present a petition if she is so advised. We grant that, in these circumstances, leave is granted. Accordingly, the appeal stands withdrawn. As both advocates agree, there will be no order as to costs.
Made at Nairobi this 12th day of June, 1996.
J.E. GICHERU
.........................
JUDGE OF APPEAL
R.O. KWACH
........................
JUDGE OF APPEAL
A.A. LAKHA
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