IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Lakha, Bosire and Owuor JJ A)
CIVIL APPEAL NO 104 OF 2000
BENSON NGUGI MUIRURI .............................................. APPELLANT
VERSUS
KENYA NATIONAL CAPITAL CORPORATION LIMITED.......RESPONDENT
(An appeal from the Judgment of the High Court of Kenya at Nairobi
(Justice Moijo Ole Keiwua) dated 10th day of February 1998 in
HCCC No 1981 of 1993)
RULING
On 13th February 2001, Kenya National Capital Corporation, the respondent, took out a motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal on the principal ground that the notice of appeal was not served upon it as required under rule 76(1) of the Rules.
The appeal is against the judgment and decree of the superior court dated 10th February, 1998, in its Civil Case No 1981 of 1993. That court dismissed the appellant’s suit for an injunction and damages. The appellant, Benson Ngugi Muiruri, was aggrieved and through his advocate promptly filed a notice of appeal an…