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C.Y.O. O v. R.O.O

(2011) JELR 104995 (CA)

Court of Appeal  •  Civil Appeal 148 of 2009  •  18 Nov 2011  •  Kenya

Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



The matter before us is a notice of motion dated 10th August, 2009 and filed in court on 11th August, 2009. It seeks an order under rule 80 of the Court of Appeal Rules (“the rules”) for striking out the notice of appeal filed on 3rd October, 2008, the Memorandum of Appeal filed on 2nd July, 2009 and the entire record of appeal. Rule 80 of the rules, as it existed before amendment in September, 2010, provided as follows: -

“80. A person affected by an appeal may, apply to the Court to strike out the notice of appeal or the appeal, as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time:

Provided that an application to strike out a notice of appeal or an appeal shall not be brought after the expiry of thirty (30) days from the date of service of the notice of appeal or record of appeal on the respondents as the case may be.” The proviso to that rule sets a t…

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