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…VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution of decree…

…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…

…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…

…It is therefore plain beyond argument that there was no concluded agreement both in fact and in law between the appellant and the Porbunderwallas which could be enforced by a decree for specific performance.…

…In the result, I would allow this appeal, set aside the judgment and decree of Mwera J and substitute therefor an order dismissing the respondent’s suit with costs.…

…And sub-section 3 (so far as material) says (3) In the case of an application for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of being quashed leave shall not…

…be granted unless application for it is made not later than six months after the date of that judgment order decree conviction or other proceeding or such shorter period as may be prescribed under any written law.…

…ATTORNEY GENERAL.............................................3RD RESPONDENT (An appeal from decree and orders of the High Court of Kenya at Nairobi (Hon Lady Justice Owuor) dated 11th August, 1993 in HCCC No 5747 of 1991…

…Although this was the most important order made by the judge and against which much of the appellants counsel’s firepower has been directed, for some reason, it was not included in the formal decree.…