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|Case Number:||Civil Appeal 27 of 2010|
|Parties:||FRANCIS MUREITHI MWANGI v SUSAN WANJIRA MWANGI, JOYCE KIROGO MWANGI & FRIDA MICERE MWANGI|
|Date Delivered:||15 Dec 2011|
|Court:||High Court at Embu|
|Judge(s):||Hedwig Imbosa Ong'udi|
|Citation:||FRANCIS MUREITHI MWANGI v SUSAN WANJIRA MWANGI & 2 others  eKLR|
|Case History:||(AN APPEAL FROM THE JUDGMENT OF D.A. OCHARO R.M. AT WANG’URU IN MISC. SUCC. NO.41 OF 2007 DELIVERED ON 15TH APRIL 2010).|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE HIGH COURT OF KENYA
CIVIL APPEAL NO. 27 OF 2010
The Respondent has opposed this application saying its defective as it has not followed the procedure under Order 51 Rule 1 Civil Procedures Rules. Secondly she says Order 42 rule 6 (1) Civil Procedure Rules has not been satisfied.
Counsel raised an issue about the application being defective for not complying with Order 51 rule 1 Civil Procedure Rules. The Applicant filed a Chamber Summons instead of a Notice of Motion. Order 51 rule 10(2) Civil Procedure Rules provides that no application shall be defeated on a technicality or for want of form that does not affect the substance of the application.
I however find that the Applicant has an arguable case and if the execution proceeds then his appeal may be rendered nugatory if he succeeds.
Costs in cause.