Judgment[1986] KECA 35
Case law
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Division and case type: CivilCivil Appeal
…So it would have been unfair and unjust to allow the application after such a long period. Nduhiu’s appeal was instituted on September 13, 1985.…
…Even the application to set it aside had not been made for four years. Order IXB rule 8 on August 2, 1979, which is the date when the application to set aside the judgment was filed, was this – “8.…
Division and case type: CivilCivil Appeal
…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…
…This is not of course, the same as dismissing an appeal, as was made clear by Law JA in Belinda Murai and Others v Amos Wainaina, Civil application Nai 9 of 1978, in which he was later upheld by the full court.…