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…The issue was taken as a preliminary objection when the trial began on March 24, 1981, and it was upheld and Wamunyama was non-suited.…

…The court stated as follows:- "There has been no application to set aside the Award nor has there been an objection to this application in terms of Order 50 rule 16.…

…Be that as it may the entire record ofproceedings, evidence and Ruling in Principal Magistrate's CriminalCase No. 1578/89 in which the defendant was the accused wastendered in evidence, without objection by counsel for thedefendant…