RULING OF THE COURT
The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on 7th December, 1995, on the ground that it was filed out of time without the leave of the Court being sought. Mrs Maira, for the appellant, does not dispute this except to say that costs should not be granted to the respondent since she was served only last Friday. The motion was filed on 14th February, 1997 and that gives the appellant sufficient time under rule 49 of the Rules of this Court. The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion.
Dated and delivered at Nairobi this 17th day of February, 1997.
R.O. KWACH
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JUDGE OF APPEAL
A.M. AKIWUMI
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JUDGE OF APPEAL
A.B. SHAH
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR