GRACE WAKONYO THIONGO
V.
GITAU TIRIA

RULING OF THE COURT

This application by Motion dated 11^th May, 2004 seeking the striking out of the Notice of Appeal lodged on 30^th November, 1998 by the respondent Grace Wakonyo Thiongo is hereby allowed as the Record of Appeal has not been filed despite the passage of nine years or so since the lodging of the Notice of Appeal.

There was no appearance before us by the respondent despite the due service of the notice of motion and the hearing notice for today. The costs of this application shall be paid by the respondent to the applicant.

Dated and delivered at Nairobi this 23^rd day of May, 2007.

P. K. TUNOI

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JUDGE OF APPEAL

P. N. WAKI

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JUDGE OF APPEAL

W. S. DEVERELL

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR