Case Metadata |
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| Case Number: | Civil Application Nai. 4 of 1999 |
|---|---|
| Parties: | Gharib Mohamed Gharib v Sulekha Mohamed Naaman |
| Date Delivered: | 27 Jan 1999 |
| Case Class: | Civil |
| Court: | Court of Appeal at Mombasa |
| Case Action: | Ruling |
| Judge(s): | Amrittal Bhagwanji Shah, Effie Owuor, Richard Otieno Kwach |
| Citation: | Gharib Mohamed Gharib v Sulekha Mohamed Naaman[1999] eKLR |
| Court Division: | Civil |
| 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 |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: KWACH, SHAH & OWUOR JJ.A)
CIVIL APPLICATION NO. NAI. 4 OF 1999
BETWEEN
GHARIB MOHAMED GHARIB.............................APPLICANT
AND
SULEKHA MOHAMED NAAMAN.............................RESPONDENT
(An application to file appeal out of time in an intended appeal from a ruling of the High Court of Kenya at Mombasa at (Mr. Justice Waki), dated 23/7/98
in
H.C.C.C. NO. 2 OF 1998)
*****************
RULING OF THE COURT
This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of time to file an appeal.
There is no basis upon which we can say that the single judge was wrong in taking the view that by applying for review the applicant had made his election and was bound by it. In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent.
Dated and delivered at Mombasa this 27th day of January, 1999.
R. O. KWACH
A. B. SHAH
E. OWUOR
I certify that this is a true copy of the original.
..............
JUDGE OF APPEAL
...............
JUDGE OF APPEAL
............
JUDGE OF APPEAL
DEPUTY REGISTRAR.
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