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BONFACE INONDI OTIENO
V.
MEHTA ELECTRICALS LTD

(2016) JELR 104097 (CA)

Court of Appeal 27 May 2016 Kenya
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Case Details

Suit Number:Civil Application 29 of 2014
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:Bonface Inondi Otieno v. Mehta Electricals Ltd [2016] eKLR

RULING OF THE COURT

By his Motion on Notice dated 15th July 2015, the applicant, Bonface Inondi Otieno, acting in person, seeks the following prayers:

That the Court be pleased to re-open and re-examine its judgment and order made on 3rd July 2015 in Civil Appeal No. 29 of 2014, Bonface Inondi Otieno v. Mehta Electricals Ltd.;

That the said judgment and order be declared a nullity and set aside and the appeal be heard afresh; and

That costs of this application be provided for.

The Motion purports to be taken out under “section 64 and 77 (a) of the Constitution”, section 3 of the Appellate Jurisdiction Act, section 3 of the Judicature Act and rule 1(2) of the Court of Appeal Rules. It is apt to note that if the appellant meant to invoke Articles 64 and 77 (a) of the Constitution (the latter does not even exist), the same have no relevance to the issues that he has raised in the application. If on the other hand he intended to rely on the provisions of the former Constitution, they equally …

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