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MOSES GITONGA WAIRAGU, SAMWEL KINYUA KARIUKI & CHARLES MWANGI GITAU V. REPUBLIC

(2004) JELR 95035 (CA)

Court of Appeal  •  Criminal Appal No 71 of 2003  •  21 Sep 2004  •  Kenya

Coram
Festus Azangalala

Judgement

RULING

This is an application for review of this court’s order of 23rd May, 2002 which was by consent. In the alternative the Plaintiff seeks leave to revoke the appointment of OWEN NJENGA KOIMBURI as her arbitrator and replace him with HEZEKIAH W GICHOHI. Prayer 3 of the Plaintiffs application is for the said HEZEKIAH W GICHOHI to scrutinize the mortgage account of the Plaintiff with the defendant and ascertain the balance outstanding and/or overpayment made taking into account the terms of contract as set out in the letter of offer and charge document within one month from the date of issue of an order to that effect. Prayer 4 is for the said Hezekiah W Gichohi and Harrilal Nathwani to prepare and provide detailed reports setting out their workings, findings and opinion for oral examination and the same be provided to all counsels for the parties before hearing of viva voce evidence of the arbitrators. There is also a prayer regarding costs.

The application is made by Notice of Motion…

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