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CENTRAL BANK OF KENYA
V.
UHURU HIGHWAY DEVELOPMENT LIMITED,EXCHANGE BANK LTD (IN LIQUIDATION),KAMLESH MANSUKHLAL PATTNI & PANSAL INVESTMENTS LTD

(1998) JELR 103468 (CA)

Court of Appeal 30 Sep 1998 Kenya
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- The Central Bank of Kenya sought leave to appeal against a High Court ruling (Kuloba, J.) denying an application for the judge’s disqualification from hearing Civil Suit No. 29 of 1995, citing perceived bias arising from prior judicial ac

Case Details

Suit Number:civil appl no.nai.207 of 98
Judges:Philip Kiptoo Tunoi, Richard Otieno Kwach
Location:Nairobi
Other Citations:CENTRAL BANK OF KENYA v. UHURU HIGHWAY DEVELOPMENT LIMITED & 3 OTHERS[1998]eKLR

RULING OF THE COURT

The applicant, Central Bank of Kenya, has moved this Court, pursuant to the provisions in rules 1(2), 39, 42 and 43 of the Rules of this Court, for orders that this Court do grant leave to the applicant to appeal against the ruling and orders of the superior court (Kuloba, J) whereby the learned judge declined to disqualify himself from hearing the suit in the High Court, being Civil Suit No. 29 of 1995.

The learned judge was asked to disqualify himself by the advocate for the applicant from hearing the said suit on the grounds that (1) the learned judge had permitted the third respondent to file two suits in the Commercial Division of the High Court when the matters raised in the suits were not of commercial nature and, (2) that the learned judge had improperly intervened in the correction of a draft of a formal order in respect of suit No. 418 of 1998 and that therefore there was reasonable apprehension in the mind of the applicant that the learned judge may not gi…

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