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WANDIRI KARIMI & ANOTHER
V.
GHALIB KHAN & ANOTHER

(2005) JELR 94685 (CA)

Court of Appeal 13 May 2005 Kenya
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Case Details

Suit Number:Civil Appeal 163 of 2000
Judges:Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Location:Nyeri
Other Citations:Wandiri Karimi & another v. Ghalib Khan & another [2005] eKLR

RULING OF THE COURT

The applicant who is the respondent in the appeal seeks an order under rule 80 of the Court of Appeal Rules that the appeal be struck out on the ground that the Record of Appeal does not comply with Rule 85(1), (c) as the written statement of Defence and parts of Amended Defence are omitted. The application is supported by the affidavit of Mr. Harmesh Kumar MahanAdvocate for the applicant.

Mr. Charles Kariuki, learned counsel for the respondents, has filed a replying affidavit. The application is opposed mainly on the ground that it was filed 41⁄2 years since the service of the record of appeal.

By proviso to Rule 80 of the Court of Appeal Rules, an application to strike out the notice of Appeal or the appeal should not be brought after the expiry of thirty days from the date of service of the record of appeal on the respondent.

We are satisfied that the record of appeal was served on M/s Mbae Mwarania and Co. Advocates who were then on record for the applicant on 1…

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