[2006] KECA 206 (KLR)
The Court of Appeal, after careful consideration, determined that it was not desirable to retain the Notice of Appointment of Advocate by Mr. Kiage and the Affidavit sworn by Retired Justice of Appeal A.B. Shah on the record. Exercising its inherent jurisdiction to control its own process and maintain the integrity...
Source-derived case information.
- Citation
- [2006] KECA 206 (KLR)
- Parties
- Applicant: Jasbir Singh Rai; Applicant: Iqbal Singh Rai; Applicant: Daljit Kaur Hans; Applicant: Sarjit Kaur Rai; Respondent: Tarlochan Singh Rai; Respondent: Jaswant Singh Rai; Respondent: Sarbjit Singh Rai; Respondent: Rai Plywoods (Kenya) Limited; Respondent: Satjit Singh & Ram Singh (Estate of)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 307 of 2003
- Procedural Posture
- Civil Application / Interlocutory Order on Expunging Documents From Record
- Outcome
- Application to expunge documents allowed; documents expunged from record; no order as to costs.
- Judges
- AM Githinji, J Wakiaga
- Legal Topics
- Expunging Documents, Notice of Appointment, Affidavit Removal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jasbir Singh Rai
Applicant
Iqbal Singh Rai
Applicant
Daljit Kaur Hans
Applicant
Sarjit Kaur Rai
Applicant
Tarlochan Singh Rai
Respondent
Jaswant Singh Rai
Respondent
Sarbjit Singh Rai
Respondent
Rai Plywoods (Kenya) Limited
Respondent
Satjit Singh & Ram Singh (Estate of)
Respondent
Procedural Posture
Civil Application / Interlocutory Order on Expunging Documents From Record
Legal Issues
- 1 Whether the Notice of Appointment of Advocate and the Affidavit sworn by Retired Justice of Appeal A.B. Shah should remain on the court record.
Ratio Decidendi
The Court of Appeal, after careful consideration, determined that it was not desirable to retain the Notice of Appointment of Advocate by Mr. Kiage and the Affidavit sworn by Retired Justice of Appeal A.B. Shah on the record. Exercising its inherent jurisdiction to control its own process and maintain the integrity of the proceedings, the court ordered that these documents be expunged. The court reserved its full reasons for a later, final ruling and made no order as to costs for the proceedings of 24th May, 2006 and the present day.
Court Disposition
Application to expunge documents allowed; documents expunged from record; no order as to costs.
Orders
- The Notice of Appointment of Advocate by Mr. Kiage is expunged from the record.
- The Affidavit sworn by Retired Justice of Appeal A.B. Shah is expunged from the record.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
Civil Appli 307 of 2003 JASBIR SINGH RAI ………………......................................……… 1ST APPLICANT
IQBAL SINGH RAI ………………………….........................…….. 2ND APPLICANT
DALJIT KAUR HANS ………………………..........................……. 3RD APPLICANT
SARJIT KAUR RAI ……..………………………....................…….. 4TH APPLICANT AND TARLOCHAN SINGH RAI ...……………..........................……… 1ST RESPONDENT
JASWANT SINGH RAI …..………………...................………...... 2ND RESPONDENT
SARBJIT SINGH RAI ………………….....................…………... 3RD RESPONDENT
RAI PLYWOODS (KENYA) LIMITED .........…........................… 4TH RESPONDENT
SATJIT SINGH & RAM SINGH (ESTATE OF)......................…….5THRESPONDENT
(Application for the setting aside in toto of the judgment and order made on the 301day of September, 2002 in Civil Appeal No. 63 of 2001) ************************* ORDER OF THE COURT
We have seriously agonized on the issue of whether we should or should not allow the “Notice of Appointment of Advocate” by Mr. Kiage and the Affidavit sworn by Retired Justice of Appeal A.B. Shah, both of which are already on record, to remain as valid documents on our record. We have come to the conclusion that it is not desirable to retain those documents on record and we order that they be and are hereby expunged from the record. We shall give our full reasons for this order in the Court’s final ruling. We make no order as to the costs occasioned by the proceedings of 24th May, 2006 and of to-day.
Made at Nairobi this 9th day of June, 2006
R.S.C. OMOLO
……………………………………
JUDGE OF APPEAL
S.E.O. BOSIRE
…………………………………….
JUDGE OF APPEAL
E.M. GITHINJI
………………………………………..
JUDGE OF APPEAL
P.N. WAKI
……………………………………………
JUDGE OF APPEAL
W.S. DEVERELL
……………………………………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR.