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DISHON OCHIENG v. SDA CHURCH, KODIAGA

(2012) JELR 98390 (CA)

Court of Appeal  •  Civil Appeal (Application) 333 of 2010  •  22 Mar 2012  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

SDA Church, Kodiaga, the applicant herein, asks us to strike out Civil Appeal No 333 of 2010 which was lodged against them on 16th December, 2010, by Dishon Ochieng, the respondent herein. The motion to strike out the appeal is brought pursuant to Rule 84 of the Court of Appeal Rules and is premised on two grounds, namely:

“(a) that the record of appeal filed herein was filed and served out of time contrary to the order granting the extension of time to do so.

(b) that the said notice does not indicate that the same was to be served on the 1st defendant in the High Court and there is no indication that he was ever served.”

There is no dispute that the record of appeal was filed three days late, without leave of the Court. By an order of the Court, (Visram, JA, sitting as a single Judge) made on 22nd November, 2010, the respondent was granted leave to file and serve the notice of appeal within seven days of the date of the order (22nd November, 2010) and the record of a…

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