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SAID HEMED SAID
V.
EMMANUEL KARISA MAITHA & HOTHAM NYANGE

(2000) JELR 93583 (CA)

Court of Appeal 17 Mar 2000 Kenya
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Case Details

Suit Number:civ app 237 of 99
Judges:Akilano Molade Akiwumi
Location:Malindi
Other Citations:SAID HEMED SAID v. EMMANUEL KARISA MAITHA & ANOTHER [2000]eKLR

JUDGMENT OF AKIWUMI, J.A.

I have had the advantage of perusing the draft judgment of my Lord Shah which sets out fully, the background to this appeal.

The two Rulings involved in this appeal are the one made by the learned Judge (Hayanga, J.) on 17th May, 1999, and that made by him on 20th May, 1999. The former was made upon the application of Mr. Kapila, counsel for the Appellant, the Petitioner, to address the court not on the findings of the scrutiny and recount of the votes cast, but on other aspects of the scrutiny which do not relate to the physical scrutiny and recount of the votes cast.The learned Judge, realising that there could be such aspects of the scrutiny and recount of votes, granted Mr. Kapila leave to informally make oral submissions purely on those aspects. The learned Judge also, expressed his displeasure at what he referred to as the piecemeal approach being adopted by Mr. Kapila whom he thought, should have made submission on all matters related to the scrutiny and…

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