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…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…The appellant did not wish to be present during the hearing of this appeal.…

…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…