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(2001) JELR 106109 (CA)

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

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



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 tally with the handwritten notes of the trial judge and contain several typographical errors and omissions as to render the proceedings unintelligible.

The power of the Court to strike out an appeal is donated by rule 80 of the Court of Appeal Rules, which provides that:

"A person affected by an appeal may at any time, either before or after the institution of theā€¦

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