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WRECK MOTORS ENTERPRISES
V.
THE COMMISSIONER OF LANDS, SATPAL SINGH BHATTI, CITY COUNCIL OF NAIROBI & CHEMOMO ENTERPRISES

(1997) JELR 94694 (CA)

Court of Appeal 28 Apr 1997 Kenya
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- The applicant’s original Civil Appeal No. 269 of 1996 was struck out due to a critical omission in the record (one page of the superior court ruling was missing), rendering the appeal incomprehensible, and, per rule 85(2A) of the Rules of

Case Details

Suit Number:civil appl no.nai. 74 of 97
Judges:Johnson Evan Gicheru
Location:Nairobi
Other Citations:WRECK MOTORS ENTERPRISES v. THE COMMISSIONER OF LANDS & 4 OTHERS [1997] eKLR

RULING

One whole page of the ruling of the superior court out of which the order appealed from issued was omitted in the record of the applicant's original Civil Appeal NO. 269 of 1996 thereby rendering the said ruling incomprehensible to this Court. By reason of the provisions of rule 85(2A) of the Rules of this Court, the omitted page could not be brought on the record of the said appeal with the result that that appeal was incurably defective and therefore incompetent. On account of this, that appeal was on 10th April, 1997 struck out by this Court with no order as to costs. While striking out that appeal, this Court observed that the applicant's memorandum of appeal indicated that the ruling of the superior court referred to above was dated 22nd June, 1996 instead of the correct date of the said ruling, namely; 22nd June, 1994. The certificate of delay also erroneously indicated that the application for certified copies of the proceedings and ruling of the superior court was made o…

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