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Andrew Kamau Mucuha v. Ripples Limited

(2001) JELR 106109 (CA)

Court of Appeal  •  Civil Appeal (Application) 19 of 1998  •  4 May 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OMOLO, BOSIRE and O’KUBASU JJ A)

CIVIL APPEAL (APPLICATION) NO 19 OF 1998

ANDREW KAMAU MUCUHA ............... APPELLANT

VERSUS

RIPPLES LIMITED.......................... RESPONDENT

(Appeal from the ruling and order of the High Court of Kenya at Nairobi

(Shah J) dated 14th December, 1994 in High Court

Civil Suit No 4522 of 1992)

RULING

Two motions respectively dated 6th October, 1998 and 19th April, 2000, both taken out by Ripples Limited, the respondent in the appeal, were argued together before us. Andrew Kamau Mucuha, the appellant, is named respondent in both motions, in which an order is sought striking out the appellant's appeal on the grounds, inter alia, that the ruling appealed from is not signed as required by order XX rule 3 of the Civil Procedure Rules; that essential documents in the hearing and determination of the appeal are omitted from the record of appeal and that the typed copies of proceedings included in the record of appeal do not tal…

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