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Duncan Osano (Suing through his father & next friend) James Osano v. Jane Nyambura Mwangi & Kibugi Gikuro

(2001) JELR 102624 (CA)

Court of Appeal  •  Civil Application Nai. 84 of 2001  •  8 Oct 2001  •  Kenya

Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Effie Owuor



The applicant has moved this Court under rules 80, 81 and 82 of the Rules of this Court. He seeks an order to strike out the notice of appeal lodged by the respondents on 15th March, 2000. For the applicant, it is urged that the respondents have taken no serious steps to lodge the record and memorandum of appeal. It is also urged that the letter written by the respondents' advocates to the Registrar of the superior court requesting copies of proceedings and judgment was not received by the applicants' advocates. The reference is obviously to the letter dated 14th March, 2001 addressed by M/S Okwach and Company Advocates to the Registrar of the superior court and copied to M/S Njage Nyaboke and Company, Advocates. On the face if the letter is copied to the said advocates. Whether it was received by the said advocate cannot be in issue before us as there is nothing tangible before us to show that the letter might not have been received.

In these circumstances the respo…

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