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TOBIAS O. SEE V. MASENO UNIVERSITY, DOMINIC MAKAWITI, VITALIS OUKO & BEDROCK HOLDINGS LIMITED

(2016) JELR 95858 (CA)

Court of Appeal  •  Civil Application 29 of 2016 ( UR 15/2016)  •  29 Jul 2016  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

R U L I N G

By a Notice of Motion dated 3rd November 2015, Tobias O. See the applicant has applied for time to be extended under Rule 4 of the Court of Appeal Rules 2010 to file a Notice of Appeal and to stay any further proceedings pending the filing, hearing and determination of the intended appeal.

Prior to hearing the application, upon appreciating that the remit of this Court as a single judge was limited, learned counsel for the applicant Mr. Gachuba withdrew prayers 2,3,4 and 5 of the application.

The dispute as can be discerned from the record, concerns an allegation of the violation of the applicant’s rights to privacy where medical information belonging to the applicant’s family and held by the 1st, 2nd and 3rd respondents was allegedly leaked to the 4th respondent. The High Court found that since the applicant had not shown how the leakage occurred, the 1st, 2nd and 3rd respondents could not be held liable for the leaked documents.

This Motion is brought on the grounds that, th…

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