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…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…

…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…

…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…

…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…

…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…

…The application of this section was considered at length in the case of Hassan Mpanda v Republic [1963] EA 294.…

…He did not however have a copy of the sale agreement, application form for the land control board consent or even the transfer. With that 1st defendant closed his case.…

…He did not also tender in evidence the application form for the land control board or even the transfer form from Nderi Gatimu to himself.…

…In the circumstances I nd that application of a multiplicand to calculate loss of dependency would not be appropriate. 52.…