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…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…CIVIL APPLICATION NO. NAI. 329 OF 1995 BETWEEN KITHAKA NTHAKANIO .................................. APPLICANT AND THATHI NTHAKANIO ...................................…

…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…

…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…

…Both applications were listed for hearing on the same day the April 10, 1985.…

…It is apparent from the letter of consent that the application having been made on May 11, 1980, consent was not granted within three months.…

…If the application had failed by August then a new application could be made in September and that had not been granted in time. Unfortunately that is not the case.…

…It would perhaps have been more appropriate if an application had been made under section 9 or 12 of the Arbitration Act, to replace an arbitrator who had refused to act.…

…Next, the learned judge refused Mr Ghadialy’s fourth application for leave to withdraw from the suit. Kuloba J then proceeded to hear the evidence of the respondent.…

…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.…

…the application and petition. 7.…

…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…

…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…

…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…

…No such application was made although the matter was fixed for mention on 9th August, 1983, some two months after the reading of the award.…

…He did not object and could not have done so successfully because no application had been made within the time allowed by Rule 16. There is no substance in the second ground of appeal.…

…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…

…The application of this section was considered at length in the case of Hassan Mpanda v Republic [1963] EA 294.…