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Embakasi Youth Development Project v. Housing Finance Company of Kenya Ltd

(2008) JELR 102453 (CA)

Court of Appeal  •  Civil Appeal (Appli.) 258 of 2007  •  11 Jul 2008  •  Kenya

Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji



This is an application under Rule 80 and 81 of the Court of Appeal Rules for an order that the record of appeal lodged in this Court on 7th December, 2007 be struck out on the grounds that:

“1. The record of appeal was lodged out of time.

2. The appellants’ advocates letter dated 12th November, 2004 bespeaking certified copies of the proceedings and ruling did not entitle the appellant to the benefit of the proviso to Rule 81 of the Court of Appeal Rules.

3. The certificate of delay found at page 188 of the record is self contradicting and unreliable and cannot be the basis for lodging the appeal on 7th December, 2007.

4. The appeal is thus incompetent”.

On 28th June, 2001 Housing Finance Company of Kenya Ltd. (HFCK), the appellant, filed High Court Civil Case No. 1068 of 2001 in the superior court against the respondent claiming that the defendant, its agents and servants had trespassed on the appellants’ land title No. Nairobi/Block 121/ 243, Komarock Estate.

The relief…

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