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TOBIAS O. SEE
V.
MASENO UNIVERSITY & 3 OTHERS

(2016) JELR 95759 (CA)

Court of Appeal 16 Dec 2016 Kenya
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Case Details

Suit Number:Civil Application 37 of 2016
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Tobias O. See v. Maseno University & 3 others [2016] eKLR

RULING OF THE COURT

1. This is an application brought under rule 1(2) and 5(2)(b) of the Court of Appeal Rules, 2010 seeking an order of injunction to restrain the taxing master from hearing or taxing any of the respondents’ party and party bills of costs pending hearing and determination of an intended appeal.

2. The application is supported by the applicant’s affidavit. He states that on 10th March, 2016 the High Court dismissed his Constitutional Petition No. 7 of 2015 that he had filed against the respondents; that the judgment was to be delivered on notice but no notice was issued to him or at all; and that he learnt of the said judgment on 4th April, 2016 after he was served with the 2nd respondent’s bill of costs.

3. The applicant was aggrieved by the said judgment and intends to file an appeal against it, having been granted leave by this Court to file a notice of appeal out of time.

4. The applicant further states that the respondents have filed their respective bills of costs fo…

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