Invoke the revisional powers under section 4 (2) of the Appellate jurisdiction Act [Cap 141, R.E. 2019], quash that part of the High Court order dated 10.12.2020 directing EBK to file its written statement of defence and nullify all the proceedings subsequent to that order, also quash the resultant judgment and remit the record of Commercial Case No. 105 of 2020 to the High Court (Commercial Division) for retrial of the case after the mandatory provisions of Order I rule 10 (4) of the CPC have been complied with.
Case number
Civil Appeal No. 294 of 2022
Judges
Mwampashi, J.A.,
Mkuye, J.A.,
Muruke, J.A.
Judgment date
16 May 2024
Language
English
Type
Judgment
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