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Tobias Ongany Auma, Aaron Muisyo Mwailu John Otieno Owili, Walter Ojwang Awich, Henry Munene Karubiu & Fidelis Nthunthi v. Kenya Airways Corporation

(2014) JELR 94322 (CA)

Court of Appeal  •  Civil Application Nai 23 of 2009  •  28 Mar 2014  •  Kenya

Coram
Wanjiru Karanja, George Benedict Maina Kariuki, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The notice of motion dated 30th January 2009 is pronounced to be premised on Rule 1(3) of the Court of Appeal Rules, Section 3 of the Judicature Act and Section 123(II) of the retired Constitution.

The applicants seek three orders as hereunder:-

(1) That the decision of this Honourable Court given on 23rd day of November 2007 in Nairobi Civil Appeal No. 350 of 2002 in favour of the appellant without jurisdiction be declared null and void exdebito justitiae and the appeal be struck out.

(2) That the costs of this application and the costs of the appeal be awarded to the applicants herein.

(3) That the Honourable Court be pleased to make any other orders within its inherent Jurisdiction.

It is predicated on one ground on its face namely that this Court did not have jurisdiction to hear and determine the appeal from the Judgment of the High Court as the notice of appeal was filed by the firm of Hamilton Harrison and Mathews before filing a notice of change of advocates. Th…

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