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BOARD OF TRUSTEE, NATIONAL SOCIAL SECURITY FUND & 6 OTHERS
V.
MESHACK OWINO ONYANGO (SUING AS LEGAL REPRESENTATIVE OF THE ESTATE OF SILAS OCHIENG ONYANGO (DECEASED)

(2010) JELR 103554 (CA)

Court of Appeal 15 Oct 2010 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 87 of 2007
Judges:Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:Board of Trustee, National Social Security Fund & 6 others v. Meshack Owino Onyango (Suing As Legal Representative of the Estate of Silas Ochieng Onyango (Deceased) [2010] eKLR

RULING OF THE COURT

This is an application under Rules 1 (3) and 80 of the Court of Appeal Rules for an order that the notice of appeal and the appeal be struck out on the grounds that:

“1. The notice of appeal was filed outside the prescribed time.

2. The decree included in the record of appeal is irregular and invalid in the sense that it was not extracted, obtained or issued pursuant to the procedure set out in the provision of Order XX Rule 7 sub-Rules 2, 3, 4 and 6 of the Civil Procedure Rules.

3. The record of appeal contains an invalid Decree and the same does not therefore meet the mandatory requirements of Rule 85 (1) of the Court of Appeal Rules.

4. The Record of Appeal does not contain a valid duly signed and certified judgment and it also contains proceedings which have not been certified as the correct proceedings of the case before the superior court.

5. It is fair and just that orders sought be granted”.

The application is opposed by the respondent.

In the superior court, the a…

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