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Shaheen Yakub (Nee Khalfan) v. Ijaz Yakub

(1996) JELR 94067 (CA)

Court of Appeal  •  Civil Appeal 51 of 1996  •  12 Jun 1996  •  Kenya

Coram
Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Richard Otieno Kwach

Judgement

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 Accordingly, the appeal stands withdrawn.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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