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 and later lodged a record of appeal timeously. But when the appeal came up for a hearing it was found that the notice of appeal was incurably defective. As a result the appeal was struck out.
Following an extension of time he got pursuant to an application under rule 4 of the aforesaid Rules, he brought this appeal. The order granting him the extension was couched thus:
“In the result th…