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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 860 of 2004 BLUESHIELD INSURANCE CO. LTD……...…APPELLANT VERSUS SAMUEL NYAGA NGURUKIRI…..…………..RESPONDENT J U D G M E N T 1.…

…(v) That the learned magistrate erred in law and in fact in failing to apply abiding decision of the court of appeal and purporting to distinguish it while it was not distinguishable.…

…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…