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MULTIPLE HAULIERS E.A. LIMITED & ANOR
V.
JOHN ODONGO HAGAI

(2002) JELR 98189 (CA)

Court of Appeal 21 Jun 2002 Kenya
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Case Details

Suit Number:Civil Appeal 211 of 01
Judges:Johnson Evan Gicheru, Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua
Location:Kisumu
Other Citations:Multiple Hauliers E.A. Limited & another v. JJohn Odongo Hagai [2002] eKLR

RULING OF THE COURT

This is an application brought under rule 80 of the Court of Appeal Rules for striking out the appeal because the record of appeal is incurably defective in that the original decree from the subordinate court to the High Court is incurably defective.

That is because though judgment was delivered and dated September 7, 1998, the decree therefrom has September 9, 1999, as the date when the judgment was delivered. The other complaint is that judgment was entered against the defendants jointly and severally but the decree is drawn to indicate that judgment was only entered against one of them, Multiple Hauliers E.A. Limited.

The judgment did not indicate any rate of interest to be applied but the decree purports to indicate that rate is at 8% per annum. The judgment did not specify the period within which interest was to be calculated, the decree purports to limit the period to be between September 9, 1999 and November 4, 1999.

The record of appeal does not contain the app…

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