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…Thus, coupled with the current file under reference (Eld. HCCNo. 10/1980), there are five voluminous files in all. They, immediately give thebest testimony of the long history of this matter.…

…Consequential upon the Resident Judge's letter to me, I, through myDeputy Registrar, issued Notices to the Advocates for the parties to appearbefore me and address me on the reference and, indeed, the history of thematter…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…

…The defendant reacted to that letter vide their letter dated 13.5.97 bearing the same reference number. The contents are that they had received the report and evaluated it.…

…The plaintiffs responded vide their letter dated 19.5.97 bearing the same reference number and this bore the total amount in the fee note as Kshs 55,543.00 made up as hereunder: 1.…

…In these circumstances I have no doubt that the reference by the learned judge to the necessity of corroboration of the evidence of the boys, and of each of them, was a misdirection.…

…Mr Osoro’s reference to instanced material which he said could have amounted to corroboration had the learned judge thought about it.…

…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…

…In all circumstances the question of cruelty or no cruelty should not be decided merely by reference to every decision reported in the law reports.…

…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…