Customer Support

REPUBLIC & 3 OTHERS
V.
JOSEPH MBURU GITAU & 635 OTHERS

(2015) JELR 96264 (CA)

Court of Appeal 18 Dec 2015 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 159 of 2011
Judges:Erastus Mwaniki Githinji, Martha Karambu Koome, George Benedict Maina Kariuki
Location:Nairobi
Other Citations:Republic & 3 others v. Joseph Mburu Gitau & 635 others [2015] eKLR

RULING OF THE COURT

[1] This is an application, principally brought under Rule 56 of the Court of Appeal Rules which deals with procedures for non attendance in Court for hearing of applications. The Attorney General, representing the Commissioner of Police and the Commissioner of Lands, the applicants herein did not attend Court during the hearing of the motion dated 8th June 2011 when it came up for hearing on the 20th July, 2015. As a consequence of their counsel’s failure to attend court, the said motion was allowed with the result that the Notice of Appeal by the applicants was struck out.

[2] The applicants now seek to set aside the ex-parte orders made by this Court on 20th July, 2015, and reinstate the motion dated 8th June, 2011. In the said motion, Joseph Mburu Gitau and 673 other persons applied to strike out the Notice of Appeal dated 24th June ,2008, on the grounds that the said Notice of Appeal had never been served upon them as the respondents. The said motion came up for…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.