REPUBLIIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, TUNOI and LAKHA, JJ.A.)
CIVIL APPEAL NO. 101 OF 1994
BETWEEN
COAST BUS COMPANY ......................................APPELLANT
AND
GIDEON NDEKE MUNYAO (SUING AS NEXT OF KIN TO
JONAH NDEKE MUNYAO AND NZEMBI MUNYAO ..................RESPONDENT
(Appeal from judgment of the High Court of Kenya at
Machakos (Honourable Mr. Justice Osiemo) dated 17th
March 1993
in
H.C.C.C. NO. 96 OF 1993)
**********************
ORDER OF THE COURT
The decree incorporated in the record of appeal lodged in this court on 28th June, 1994 is wrongly dated and therefore, contravenes Order 20 rule 7 of the Civil Procedure Rules.Consequently, the appeal is rendered defective and is accordingly struck-out. The order of stay granted by the superior court is vacated and the money deposited with Prudential Finance Co. Ltd. is ordered released to the respondent. We make no order as to costs.
Dated and delivered at Nairobi this 5th day of November, 1986.
R. O. KWAC…