WILLIAM KARANI & 47 OTHERS V. WAMALWA KIJANA, NDEGE LUMUNYAJI & RONALD WEKESA

JUDGMENT

NYARANGI JA

These are two appeals, the first Civil Appeal No 153/86 against a judgment of the High Court, Eldoret (Patel, J) given on December 24, 1985 and the second against an order of the High Court, Eldoret (Patel J) made on January 16, 1986 which were consolidated on the application of the appellants and with the approval of the court and heard together because each appeal raises the same question directed at the order dated September 24, 1985. The judge dismissed the application on January 16, 1986 and the 48 appellants are aggrieved and contend that:

“The judge erred in refusing to review the order, that the order did not deal with reliefs sought in the plaint, failed to dispose of the suit and so was a nullity, order was irregular and invalid because it purported to evict the plaintiffs when neither party had prayed for eviction and when there is no material on which to base that order, there was a failure to comply with order XX of the Civil Procedure Rules, the judge …