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MISTRY JADVA PARBAT & COMPANY LTD
V.
AMEERI KASSIM LAKHA & 2 OTHERS

(2008) JELR 104226 (CA)

Court of Appeal 8 Feb 2008 Kenya
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Case Details

Suit Number:Civil Appeal Appli 296 of 2001
Judges:Riaga Samuel Cornelius Omolo JA Erastus Mwaniki Githinji JA William Shirley Deverell JA
Location:Nairobi
Other Citations:Mistry Jadva Parbat & Company Ltd v. Ameeri Kassim Lakha & 2 others [2008] eKLR

RULING OF THE COURT

When the notice of motion dated 8th December, 2006 and filed on 14th December, 2006 came for hearing, Mr. Gautama, learned Senior Counsel for the 1st respondent raised what is in effect a preliminary objection to the effect that the application was not brought within 30 days from the date the record of appeal was served in breach of the proviso to Rule 80 Court of Appeal Rules.

The impugned application is brought under Rule 80 of the Court of Appeal Rules and seeks an order that both the notice of appeal dated 29th May, 2001 and the record of appeal be struck out on the grounds stated on the body of the application.

Rule 80 under which the application is brought, provides:

“A person affected by an appeal may apply to the court to strike out the notice of appeal or the appeal as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time.

Provided that an application…

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