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ZACHARIA AMENYA & ANOTHER
V.
POLLICUP MBOYA AGUTU

(2001) JELR 92878 (CA)

Court of Appeal 23 Nov 2001 Kenya
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Case Details

Suit Number:civil misc appl 396 of 01
Judges:Moijo Matayia Ole Keiwua
Location:Kisumu
Other Citations:Zacharia Amenya & another v. Pollicup Mboya Agutu [2002] eKLR, ZACHARIA AMENYA & CLEMENT RATEMO NYAMBATI v. POLLICUP MBOYA AGUTU[2001] eKLR, (2001) JELR 93012 (CA)

RULING

The applicants have appealed from the decision of the superior court delivered on September 28, 2001. The certificate of urgency indicates that they had sought to challenge the decision of the Chief Magistrate's court which prohibited them from tendering evidence in that court. That suit is fixed for hearing on November 29, 2001 before the Magistrate's court. The applicants are therefore in danger of having the suit in the Magistrate's court heard without the benefit of what they say to be crucial evidence in a test case because the applicants had been absolved from blame for the accident by one of the claimants in the Magistrate's Court.

The respondent opposes the application because it does not merit to be certified urgent. The evidence the applicants wish to produce was by one of the victims of the same accident who had instituted proceedings for damages. The particular suit by that witness has been described to be a non-starter by the superior court, which found that the appl…

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