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JAMES ROBERT KARANJA MUIGAI
V.
JOSEPH MWANGI KARANJA & 5 ORS

(2009) JELR 101359 (CA)

Court of Appeal 10 Jul 2009 Kenya
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Case Details

Suit Number:Civil Appli 183 of 2008 (UR 117/2008)
Judges:Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Philip Nyamu Waki
Location:Nairobi
Other Citations:JAMES ROBERT KARANJA MUIGAI v. JOSEPH MWANGI KARANJA & 5 others [2009] eKLR

RULING ON REFERENCE TO FULL COURT

Though rule 54 (1) (b) gives the full Court power to vary, discharge or reverse a decision made by a single Judge of the Court, the principles which the Court applies when dealing with references under that rule are now well settled. For example, in deciding the issue of whether or not to enlarge time for an applicant under rule 4, a single Judge is exercising an unfettered discretion and it is accepted that such discretion is being exercised on behalf of the full Court. So, to interfere with the exercise of a discretion by a single Judge who has done so on behalf of the Court, the full Court must be satisfied that in coming to his decision the single Judge took into account what he ought not to have taken into account or failed to take into account what he ought to have taken into account or that he misapprehended some aspect of the law or that he failed to appreciate the weight and bearing of the evidence and thus reached a wrong decision in law, or …

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