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…(e) Attempts were then made to file second appeal in the Courtof Appeal against the decision of Mead, J. (f) The attempts were unsuccessful and, consequently, theCourt of Appeal never heard the appeal.…

…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…

…sought is not granted, then the appeal if it succeeds, would be rendered nugatory.…

…Finally, some remarks on the applicant’s pending appeal.…

…That order has neither been appealed against, set aside nor reviewed on the instigation of the applicant.…

…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…

…Apparently there was no appeal against that decision.…