James Ogata Nyantenga v Keroka Town Council; Town Clerk, Keroka Town Council [2004] KEHC 743 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII MISC. APPL. NO.66 OF 2004

JAMES OGATA NYANTENGA ………………………………… APPLICANT VERSUS KEROKA TOWN COUNCIL ) TOWN CLERK KEROKA TOWN COUNCIL ) ……… INTERESTED PARTYCONTEMNOR

RULING

Mr. Kerosi raised a Preliminary Objection on two grounds. First that the support affidavit of James Ogata Nyantenga does not have the names of the jurat on the same page. It is on a separate page.

Secondly he stated that application was filed out of time as when the court granted leave to file contempt proceedings it ordered application be filed within 2 days. Application was filed after 21 days.

Mr. Momanyi opposed the Preliminary Objection. He explained that the affidavit in support was a Computer Print out and the names of jurat could not fit in the same page. Attestian was therefore on the next page.

As to the time of filing the application be said the court gave 21 days and not 2 days. There was possibly an order on record.

I have considered the application. Mr. Kerosi did not tell the court the provisions of the law which requires the attestation and name of jurat to be on the same page as the main body of the affidavit. There is no such requirement Mr. Momanyi explained why the attestation and name of jurat are on a different page. The explanation is satisfactory. As to the time given by court to file application it is the record in Misc. Application No.64 of 2004 shows that applicant was given 2 days to file application. However this remedy was an error. I am the one who granted leave and I recall clearly giving the applicant 21 days to file his application. Apparently I recorded 2 days instead of 21 days. I have since amended the record today in that file to read 21 days.

In the circumstances I find Preliminary Objection has no merit. The suit is dismissed.

KABURU BAUNI JUDGE 22/11/04 Mr. Momanyi for Applicant N/A for Respondent.

KABURU BAUNI JUDGE