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JOHN PATRICK MACHIRA T/A MACHIRA & CO. ADVOCATES
V.
ABOK JAMES ODERA T/A A. J. ODERA & ASSOCIATES

(2000) JELR 101295 (CA)

Court of Appeal 11 Feb 2000 Kenya
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- The applicant, John Patrick Machira, sought reversal of a single appellate judge's (Kwach, J.A.) order extending time for the respondent, Abok James Odera, to file a notice of appeal and appeal against summary judgment in Machira’s favor

Case Details

Suit Number:civil misc appl 171 of 99
Judges:Riaga Samuel Cornelius Omolo JA Philip Kiptoo Tunoi JA Effie Owuor JA
Location:Nairobi
Other Citations:JOHN PATRICK MACHIRA T/A MACHIRA & CO. ADVOCATES v. ABOK JAMES ODERA T/A A. J. ODERA & ASSOCIATES [2000]eKLR

RULING OF THE COURT

By this reference brought under rule 54 of the Rules of this Court the applicant, John Patrick Machira, an advocate of the High Court of Kenya practising law in the name and style of Messrs. Machira and Co. Advocates, seeks to have the decision of a learned single Judge of this Court (Kwach, J.A.) given on 3rd August, 1999, reversed.

The application that fell before him for consideration was expressed to be brought under rule 4 for extension of time to file a notice of appeal and an appeal.

The decision against which the respondent, Abok James Odera, wishes to appeal was given by O'Kubasu J. (as he then was) on 30th July, 1999, in H.C.C.C. 183 of 1998. The learned Judge dismissed an application by the respondent to strike out the plaint or grant a stay pending arbitration, and entered summary judgment in favour of the applicant against the respondent for Shs.23,681,581.35 together with interest and costs being in respect of fees for certain professional services alleg…

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