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Belinda Murai & 9 others v. Amos Wainaina

(1978) JELR 105781 (CA)

Court of Appeal  •  Civil Application NAI 9 of 1978  •  25 May 1978  •  Kenya

Coram
Eric John Ewen Law

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law JA)

CIVIL APPLICATION NO. NAI 9 OF 1978

BETWEEN

BELINDA MURAI and 9 OTHERS ..............................APPLICANT

AND

AMOS WAINAINA ...................................................RESPONDENT

RULING

This is an application by intending appellants for an extension of time to lodge a further appeal after the original appeal was struck out for noncompliance with rule 85(1)(h) of the rules of this court, no certified copy of the formal order having been included in the record of appeal. This omission was due to a mistake or error on the part of the advocate then acting for the applicants whose considered view it was that as the decision sought to be appealed against was headed “judgment” and that a certified copy of the judgment was sufficient to satisfy the rules of this court. In this the advocate was wrong, as rule 85(1) aforesaid requires the record of appeal to include not only copies of the judgment or order appealed against but also of the for…

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