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…We allow this appeal and set aside the ruling and order of Rimita,J. dated 31st October, 1994, and substitute therefor an order dismissing the respondent’s application dated 29th June, 1994 with no order as to costs.…

…We order that each party shall bear its own costs of this appeal. Dated and delivered at Nairobi this 11th day of January 1996. J. E . GICHERU ………………….. JUDGE OF APPEAL R. O. KWACH ……………………. JUDGE OF APPEAL R. S. C.…