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DT Dobie & Co (Kenya) Ltd v. Alfred Machayo

(2005) JELR 102958 (CA)

Court of Appeal  •  Civil Application 337 of 2004  •  14 Oct 2005  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji



Rule 81 of this Court’s rules provides in mandatory terms that an appeal shall be instituted within 60 days of the date when the notice of appeal was lodged. The proviso thereto, however, provides as follows:-

“Provided that where an application for a copy of the proceedings in the superior court has been made within thirty days of the date of the decision against which it is desired to appeal, there shall, in computing the time within which the appeal is to be instituted, be excluded such time as may be certified by the registrar of the superior court as having been required for the preparation and delivery to the appellant of such copy.”

That was the provision relied on by the appellant in the main appeal to file the record of appeal in C.A. NO. 254 of 2004 lodged in the registry of this Court on 19.11.04.

Before us now is an application by the respondent seeking to strike out the record of appeal on the ground that it was filed out of time and without leave of the …

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