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…The appellant being dissatisfied with the dismissal of his two said applications appealed to the High Court at Kakamega in its civil appeal No 14 of 1986.…

…That appeal was not actually upon the question of summary dismissal. It was actually upon the process of review. But it has been followed in essence. There are several aspects which may be misleading.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…Against that dismissal, the appellant appeals to this court and has put forward seven grounds of appeal.…

…This appeal from the dismissal of the appellant’s Originating Summons is based on 7 grounds which can be condensed as following:- 1.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…In my view, the question of ownership was nally determined by the dismissal of the appeal led by Ayub Wasike before the Kakamega African Court of Appeal in Land Case No 336 of 1957.…

…reasoning and conclusion applies equally to a “judgment pronounced” against a plainti under r 178 of the Rules of court, that such judgment must be deemed to be a decision on the merits and must have the same eect as a dismissal…

…The judge dismissed the application and the appellant appeals against that dismissal.…

…2 All ER 443 in which Mr Justice Megarry held that where a judge dismissed an application for interlocutory injunction he has jurisdiction to grant the unsuccessful applicant an injunction pending an appeal against the dismissal…

…2 All ER 443 in which Mr Justice Megarry held that where a judge dismissed an application for interlocutory injunction he has jurisdiction to grant the unsuccessful applicant an injunction pending an appeal against the dismissal…