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EDWARD MAINA NJANGA T/A MAINA NJANGA & CO. ADVOCATES v. NATIONAL BANK OF KENYA LTD

(2006) JELR 98380 (CA)

Court of Appeal  •  Civil Appeal (Appli) 111 of 2005  •  27 Jul 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, William Shirley Deverell

Judgement

RULING OF THE COURT

There is really no valid reason put before us for striking out the appeal. The order included in the record is certified and it was drawn, signed and certified by a Deputy Registrar of the superior court.

It is now said the Deputy Registrar in approving the order, did not comply with Order 20 Rule 7 of the Civil Procedure Rules but if that did happen, the proper place to complain is the superior court itself which drew up the order. All that Rule 85(l)(h) requires is that there be in the record a certified copy of the order; it (Rule) does not say that the certified order must have been drawn up in accordance with Order 20 Rule 7. The drawing up of an order in the superior court is really not an essential step in the process of appeal; an essential step in the process of an appeal would be, for example, failure to file the notice of appeal within time or filing an appeal without a certified copy of the order. But if it is being alleged that the order was not properly…

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