REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Kneller, Hancox, JJ.A. and Platt, Ag. J.A.)
CIVIL APPEAL 7 OF 1983
BETWEEN
MUNICIPAL COUNCIL OF KITALE ...................... APPELANT
AND
NATHAN FEDHA ..........................................RESPONDENT
(Appeal from the judgement of the High Court of Kenya at Eldoret (Mbaya, J) dated December 1, 1982 in Civil Suit 106 0f 1981
RULING OF KNELLER, J.A.
There are three applications before this court (two by the Municipal Council of Kitale, the appellant, and one by Nathan Fedha, the respondent) which have been consolidated and I will deal with them in chronological order. First, the appellant's motion on notice of February 10, 1983 expressed to be brought under rules (1), 44 and 1 (3) for leave to have a copy of the decree of the High Court included in the record of appeal filed on February 3, 1983 because it was not possible to obtain it before that date for there was a delay in receiving a copy of the proceedings and judgment.
Rule 42(1)…