Walter Joe Mburu v Abdul Shakoor Sheikh & 3 others [2015] KECA 848 (KLR)
- Court
- Court of Appeal
- Case number
- 848
- Citation
- [2015] KECA 848 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks to rectify a decree, deem the notice of appeal properly filed, and take additional evidence.CoramW. KARANJA, D.K. MUSINGA, P.O. KIAGE
Holding
The application for additional evidence is dismissed with costs to the 3rd respondent. The notice of appeal is deemed properly filed, and the application for rectification of the decree is granted.
Facts
The appellant/applicant sought to rectify a decree dated 4th March 2002 and issued on 22nd July 2002, and deemed the notice of appeal properly filed. He also sought to take additional evidence.
Issues
- Whether the notice of appeal was properly filed.
- Whether additional evidence should be taken.
- Whether the decree should be rectified to conform with a ruling of PJ Ransley dated 14th March 2012.
Reasoning
The court found the application for additional evidence to be scandalous, frivolous, and vexatious. The evidence sought was not credible and would not influence the outcome of the appeal.
Outcome
The application for additional evidence is dismissed.
Orders
- The notice of appeal is deemed properly filed.
- The registrar or deputy registrar be directed to rectify the decree dated 4th March 2002 and issued on 22nd July 2002 to conform with the ruling of PJ Ransley dated 14th March 2012.
Authorities cited
Cases cited (2)
- AGA KHAN Vs. MUNYAMBU
- WANJE Vs. SAIKWA
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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