JOSEPH MWANGI MUNYUA & 3 OTHERS v GEORGE MWAI MBURU [2006] KEHC 3557 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

Civil Suit 983 of 2005

JOSEPH MWANGI MUNYUA & 3 OTHERS ……............................................…....… PLAINTIFF

VERSUS

GEORGE MWAI MBURU …………..........................................……………………. DEFENDANT

RULING

This is an application for review, made under Order 44 of the Civil Procedure Rules, of the Orders of this Court made on 1st December, 2005.  The application is supported by an affidavit, but the Order sought to be reviewed, has not been annexed to the application.  This is a mandatory requirement.  It has been so held in many cases, including Gulamhusein M. Jivanji vs Ebrahim Jivanji & Another (1929 – 30) 12 E. A. C. A. 41 and Bernard Githii vs Kihoto Farmers Company Limited, Nairobi HCCC No. 32 of 1974 (UR).

Accordingly, this application is incompetently before this Court, and for that reason alone, it is dismissed with costs to the Respondent.

Dated and delivered at Nairobi this 16th day of October, 2006.

ALNASHIR VISRAM

JUDGE