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IITAYASON NEEPE & 2 ORS
V.
IITAYASON NEEPE & ANOR

(2019) JELR 101514 (CA)

Court of Appeal 5 Apr 2019 Kenya
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Case Details

Suit Number:Civil Application 324 of 2018
Judges:Roselyn Naliaka Nambuye Daniel Kiio Musinga Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Iitayason Neepe & 2 others v. Iitayason Neepe & another [2019] eKLR

RULING OF THE COURT

1. This ruling is in respect of an application for stay of proceedings in H.C.C.C. No. 410 of 2012, Elizabeth Guttman and Another v. Iitayason Neepe and Others, pending hearing and determination of an intended appeal.

2. The basis of the application is that in the course of proceedings in the aforesaid High Court matter several “extremely prejudicial interlocutory Rulings were consecutively delivered in that suit on 8th, 9th and 10th days of May, 2018, effectively shutting out the applicants from the proceedings and preventing the applicants from effectively defending themselves against the rules of natural justice”.

3. The applicants argued that those rulings were extremely biased in favour of the respondents; the rulings allowed the respondents to unjustifiably produce photocopies of documents against the rules of evidence; allowed the respondents to produce medical reports and other medical evidence without calling the makers of the documents; allowed the responden…

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