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GABRIEL MWAURA NG'ANG'A
V.
LAWRENCE ITUBE NG'ANG'A & ANOTHER

(1996) JELR 104877 (CA)

Court of Appeal 25 Apr 1996 Kenya
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Case Details

Suit Number:Civil Appeal 218 of 1995
Judges:Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Richard Otieno Kwach
Location:Nairobi
Other Citations:Gabriel Mwaura Ng'ang'a v. Lawrence Itube Ng'ang'a & another [1996] eKLR

RULING OF THE COURT

Mr. Rumba Kinuthia, for the appellant, concedes that he applied for, and obtained leave to appeal without serving the application on the respondents who were consequently not heard at all. They were entitled to be heard and the appellant cannot be allowed, at any rate in this Court, to take advantage of an order irregularly obtained. That being the case, we allow the motion and strike out the notice of appeal dated 17th October, 1995 and Civil Appeal No. 218 of 1995. The respondents will have costs of both the motion and of the appeal.

Dated and delivered at Nairobi this 25th day of April, 1996.

R.O. KWACH

..........................

JUDGE OF APPEAL

R.S.C. OMOLO

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JUDGE OF APPEAL

P.K. TUNOI

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JUDGE OF APPEAL

I certify that this is a true

copy of the original.

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