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Alrfed Asidaga Mulima, Charles Mararo Njoroge & Peter Kiio Kituku (suing as representatives of Ex-East African Airways Staff Welfare Association) v. Attorney General, Barclays Bank International Limited, Barclays Bank Trust Limited, Barclays Trust Channel Island Limited, Barclays Trust International Limited, Barclays Bank Kenya Limited, Ministry of Finance, Ministry of Transport & Registrar General

(2019) JELR 105529 (SC)

Supreme Court  •  Petition (Application) 17 of 2019  •  25 Oct 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. BACKGROUND

1. On 2nd August 2019, the second to sixth Respondents (the Applicants) filed an application dated 29th July 2019, seeking amongst other prayers, the striking out of the Petition filed by the Petitioners on 10th May 2019. The application is premised on the grounds, inter alia, that the record of appeal filed by the Petitioners did not contain a certified copy of the decree or order from the Court of Appeal and is therefore defective for failing to comply with the provisions of Rule 33(4)(d) of the Supreme Court Rules, 2012 (the Rules).

2. The Applicants further contend that the Petitioners did not comply with Rule 33(6) of the Rules by failing to file a supplementary record of appeal to include the missing certified copy of the order or decree of the Court of Appeal.

3. The Applicants furthermore argue that, while the Court of Appeal Judgment was delivered on 24th February 2017, the Petitioners had failed to extract the relevant order for over two (2) yea…

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