IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Madan, Wambuzi JJA and Miller Ag JA)
CIVIL APPLICATION NO. NAI 9 OF 1978
BETWEEN
BELINDA MURAI and 9 OTHERS ..............................APPELLANT
AND
AMOS WAINAINA ...................................................RESPONDENT
RULING
The intended appeal of the applicants was struck out for failure to include in the record of appeal a copy of the decree as required by rule 85(1)(h) of this court’s rules. In its ruling striking out the appeal the court observed:
“Exclusion of such an important document has always been fatal as there would be no basis to the appeal. In this case it does not appear that there was any mistakes of law that a decree was not necessary because the record of appeal as originally filed contains a document which purports to be a decree. We were not persuaded that the failure to include the decree in the record is a mere technicality upon which the court should not insist.”
The applicants applied for an extension of time to rectify …