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Judgment[1999] KECA 961 min read

Gharib Mohamed Gharib v Sulekha Mohamed Naaman

Court of Appeal at Mombasa · · Waki, JUDGE APPEAL

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: KWACH, SHAH & OWUOR JJ.A)

CIVIL APPLICATION NO. NAI. 4 OF 1999

BETWEEN

GHARIB MOHAMED GHARIB.............................APPLICANT

AND

SULEKHA MOHAMED NAAMAN.............................RESPONDENT

(An application to file appeal out of time in an intended appeal from a ruling of the High Court of Kenya at Mombasa at (Mr. Justice Waki), dated 23/7/98 in

H.C.C.C. NO. 2 OF 1998)

*****************

RULING OF THE COURT

This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of time to file an appeal.

There is no basis upon which we can say that the single judge was wrong in taking the view that by applying for review the applicant had made his election and was bound by it. In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent.

Dated and delivered at Mombasa this 27th day of January, 1999.

R.

O.

KWACH

..............

JUDGE OF APPEAL

A.

B.

SHAH

...............

JUDGE OF APPEAL

E.

OWUOR

............

JUDGE OF APPEAL

I

certify

that

this

is

a

true

copy

of

the

original.

DEPUTY REGISTRAR.

    Gharib Mohamed Gharib v Sulekha Mohamed Naaman [1999] KECA 96