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Walter Enock Nyambati Osebe v. Justus Mongumbu Omiti & 2 others

(2011) JELR 96339 (CA)

Court of Appeal  •  Civil Application 75 of 2011  •  29 Jul 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno

Judgement

RULING OF THE COURT

We have before us a notice of motion dated 25th March 2011 and filed on 28th March 2011 in which the applicant, Walter Enock Nyambati Osebe is seeking two orders namely:-

“1. That this Honourable Court be pleased to take additional evidence in respect of Civil Appeal No. 260 of 2010 in the form of a letter dated 24th March 2011 from the Process Server s’ Committee.

2. That the costs of this application be provided for.”The application is premised on three grounds which are:-

“(i) That the Process Servers Committee has now re-affirmed that John Atieli Angwa was not licensed to effect service.

(ii) That the Process Servers’ Committee has confirmed the letter Ref. No. JD/HCCC No./NBI/PS/27 dated 10th April 2008 originated from them.(iii) That the letter from the Process Servers’ Committee could not be placed before the superior court as the authenticity of the letter of 10th April 2008 has never been an issue.”

There is an affidavit in support of the application sworn by J…

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