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Dinah Wairimu Njogu v. Ngugi Njurumbe

(2015) JELR 102702 (CA)

Court of Appeal  •  Civil Appeal (Application) 42 of 2014  •  3 Feb 2015  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The applicant has filed the current application pursuant to Rules 42 and 84 of the Court of Appeal Rules (the Rules) seeking inter alia:-

  • That the appeal lodged in this Court on 26th August, 2014 be struck out.

The grounds in support of the application are that pursuant to leave granted by this Court, the respondent filed the Record of Appeal on 26th August, 2014. The said Record has omitted primary documents from Kigumo SRMCC No. 143 of 2008 and H.C.C.A No. 107 of 2009; the Record has not been certified as correct by the respondent’s counsel contrary to Rule 87(5) of the Rules. Consequently, the said Record does not constitute a proper Record of Appeal. Hence no appeal has been filed by the respondent pursuant to the leave granted. At the hearing of the application Mr. Mbuthia, learned counsel for the applicant, reiterated the aforementioned grounds and urged us to allow the application. On the other hand, Mr. Njoroge, learned counsel for the respondent, sought leav…

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