REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: SHAH J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 17 OF 1997
MACHAKOS DISTRICT CO-OPERATIVE
UNION LIMITED......................................................APPLICANT
AND
PHILIP NZUKI...........................................................RESPONDENT
(Application for extension of time to file notice of
Appeal and Record of Appeal out of time in an
intended appeal from a judgment of the High Court of
Kenya at Machakos (Mr. Justice Osiemo) dated 20th
September, 1994
in
H.C.C.C. NO. 5 OF 1994)
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R U L I N G
Civil Appeal No. 182 of 1994 which was filed by the applicant (as appellant) on 17th November, 1994 was struck out on 9th December, 1996 as the record thereof did not have a certified copy of the decree appealed against. There was an error, or mistake on part of the applicant's then advocates, Messrs. Mulwa and Mulwa in not including, in the record of appeal, a certified copy of the decree appealed against.
M/s. A.…