DICKSON WATHIKA MWANGI V. REUBEN NYANGINJA NDOLO & 2 OTHERS

RULING OF THE COURT

DICKSON WATHIKA MWANGI, the applicant, asks this Court to strike out the appeal lodged by the 1^st respondent being Civil Appeal No. 148 of 2008 on three main grounds, that:

(i) the record of appeal does not contain primary and essential documents for the determination of the appeal, namely the trial Judge’s notes of the hearing of the petition in the superior court on 23^rd June, 2008, which hearing and determination provoked the appeal.

(ii) the formal certified order appealed from is fatally defective in that it purports that there was a hearing on 14^th May, 2008 and 19^th May 2008 leading to a delivery of a ruling on 26^th June 2008.

and

(iii) The record of appeal was served on the applicant outside the period prescribed by the rules of the Court.

The record of the appeal laid before us contains only the notes of the learned trial Judge for the proceedings before the superior court from the 11^th February 2008 to 26^th May 2008 and are captured on pages 76 to 321 of the re…