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Esther Angong'a Ngicho v. Isdora Opiyo Yogo

(2020) JELR 98364 (CA)

Court of Appeal  •  Civil Appeal 94 of 2017  •  19 Jun 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Patrick Omwenga Kiage

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: MAKHANDIA, KIAGE and OTIENO-ODEK, JJA)

CIVIL APPEAL NO. 94 OF 2017

BETWEEN

ESTHER ANGONG’A NGICHO......................APPELLANT

AND

ISDORA OPIYO YOGO.RESPONDENT.......APPELLANT

(Being an appeal from the judgment and decree of the High Court of Kenya at Kisumu (Abida A. Aroni J.) delivered on 14th July 2011 in ELC No. 900 of 2015 formerly Kisumu HCCC No. 236 of 2002)

***************************************

JUDGMENT OF ASIKE-MAKHANDIA, J.A

Before this Court an application to strike out the notice and record of appeal was argued. The substantive appeal was also argued. At the outset, I wish to point out the pleadings before this Court in the application to strike out was not succinctly crafted and drafted as confusion arises as which party is the applicant or appellant/respondent in the matter.

By a Notice of Motion dated 21st September 2017, the respondent (Isdora Opiyo Yogo) moved this Court for an order to strike out the notice and record of appeal filed …

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