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…Counsel urged that the applicant’s application be allowed. Learned counsel for the respondent, Miss Okumu opposed the application for consolidation.…

…Has he considered the full implications of the complicated scenario his application is bound to create for the overall interests of justice?…

…CRIMINAL APPLICATION NO 34 OF 1992 HARUN THUNGU WAKABA........................APPLICANT VERSUS REPUBLIC..................................................RESPONDENT JUDGMENT The applicant in this application, Harun Thungu…

…In the result, we find that the instant application is properly before us.…

…The application is based on the following two grounds.…

…What is required of an applicant in a revisionary application is for him to state the reasons why revision is necessary. This will enable the High Court at a glance to see the substance of the application.…

…The applicant who was aggrieved by the said order then filed an application to this Court seeking to have the said orders revised.…

…He seeks to challenge the application on a number of grounds as shown in his chamber summons dated 26th of October, 1992. Those grounds are:- 1.…

…Mr Khaminwa also argued that section 348 of the Criminal Procedure Code cannot be invoked in every case: neither was it safe to give the application of the section a broad generalisation, he said.…

…voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which section 348 of the Criminal Procedure Code would have no application…

…By consent, it was ordered that the appellant’s application to call additional evidence should be stood over to the hearing of the appeal itself when the application would be heard as a preliminary issue.…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…As the appellant gave no evidence in this matter, as he was entitled to do, this is all the evidence there was on this point and so it seems clear that the application for possession was made under section 14 (1) (e).…

…It is conceded by Mr Akhaabi that the appellant himself made no application for adjournment because of his counsel’s absence though he could have done so if he was minded so to do.…

…He would seem to be liable to the daily fine provided by the Act, for unlike the Tenants, whatever happens in this application, he will remain with the property, and these proceedings do not affect the position as he is primarily…