REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(Coram: Hancox, J A (In Chambers)
CIVIL APPLICATION NO NAI 82 OF 1986
BETWEEN
JOB ASAMBA KAMULLA ....................................................... APPELLANT
AND
ZAKAYO KAGULUKA ASAMBA and 2 OTHERS ........................... RESPONDENTS
(Application to review the ruling of the High Court of Kenya at Kakamega
(Mr Justice Aganyanya)
dated September 25, 1985
IN
High Court Case No 71 of 1984
RULING
This application is in some respect peculiar. It purports to a notice of motion to review the judgment of Aganyanya J of September 25, 1985. I am bound to say that the ruling does seem to me to have been delivered after a submission by only the second plaintiff, who is the present applicant before this court, but no witnesses were called. The first plaintiff was not heard.
There was a plaint filed by both the appellant and the first plaintiff so I have ascertained from the High Court files ) on the August 30, 1984. A defence was then filed by each of the…