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CHAIRMAN BOARD OF GOVERNORS HIGHWAY SECONDARY SCHOOL vWILLIAM MMOSI MOI

(2007) JELR 103462 (CA)

Court of Appeal 4 May 2007 Kenya
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Case Details

Suit Number:Civil Appli 277 of 2005 (UR. 171/2005)
Judges:Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:CHAIRMAN BOARD OF GOVERNORS HIGHWAY SECONDARY SCHOOL vWILLIAM MMOSI MOI [2007] eKLR

RULING OF THE COURT

On the 19th December, 2005, a single Judge of this honourable Court declined to extend time as sought by the Board of Directors, Highway Secondary School, (“the Board”) who are the applicants, for filing a notice of appeal and record of appeal. The Board now comes before us on a reference under rule 54(1) (b) of the rules of this Court (“the rules”) seeking to “vary, discharge or reverse” the said decision.

As we have stated on numerous occasions, a reference is not an appeal although it is in the nature of one. The single Judge in exercising his discretion under rule 4 of the rules does so on behalf of the full Court and the discretion would not therefore be easily upset except on sound principles which again this Court has set out before. In substance these are that the single Judge took into account an irrelevant factor which he ought not to have taken into account or that he failed to take into account a relevant factor which he ought to have taken into account; …

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