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Daima Bank Ltd & Whitestone Auctioneers v. K.H. Osmond

(2001) JELR 102950 (CA)

Court of Appeal  •  Civil Application Nai. 359 of 2000  •  16 Mar 2001  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Effie Owuor

Judgement

RULING OF THE COURT

We have, before us, an application by which the applicants Daima bank Limited and Whitestone Auctioneers seek orders to strike out the notice of appeal lodged in the superior court by the respondent K.H. Osmond Esq., on 17th day of July, 2000. The application is stated to be brought under rules 42, 43, 80 and 81 of the Rules of this Court ("the RulesT"h)e application is based on the following grounds:

"1.That the respondent herein has failed to take essenti al steps to institute the appeal herein.

2.That the time for lodging of the appeal herein has expired.

3.That the uncertified copies of the proceedings and judgment were available to the respondent on 24/8/2000 when they (sic) lodged an application for s tay of execution in this honourable court under rule 5(2)(b) of the rules of this Court.

4.That there is in existence an unconditional order of stay granted by this Honurable court on 8/9/2000 based on the said Notice of Appeal and the respondent has sinc e then not …

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