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AKAMBA PUBLIC ROAD SERVICES LIMITED
V.
FLORENCE MNYANZI ISANYA & 6 ORS

(2007) JELR 106445 (CA)

Court of Appeal 18 May 2007 Kenya
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Case Details

Suit Number:Civ Appli 161 of 2004
Judges:Samuel Elikana Ondari Bosire Philip Nyamu Waki William Shirley Deverell
Location:Nairobi
Other Citations:AKAMBA PUBLIC ROAD SERVICES LIMITED v. FLORENCE MNYANZI ISANYA & 6 OTHERS [2007] eKLR

RULING OF THE COURT

This is an application citing rules 1 and 44 of the Court of Appeal Rules (the Rules) but which in truth have no relevance to the application. The application seeks an order striking out the Notice of Appeal dated 9th December, 2002 in respect of a ruling made by P.J. Ransley C.A (as he then was) on 26th November, 2002. It seems to us therefore that the relevant rule ought to be rule 80 of the Rules. The application was made by Akamba Public Road Services Limited (the applicant). There are seven respondents to the application. The first respondent was Florence Mnyanzi Isanya (hereinafter Florence) and she was also suing as the Legal Representative or next friend of the 3rd, 4th, 5th, 6th and 7th respondents. The second respondent was Sheila Isanya.

The applicant, somewhat unusually, is seeking to strike out a Notice of Appeal given by the applicant itself.

The grounds set out in the Motion to strike out were as follows:-

“1. THAT upon the ruling made by the Honourable …

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