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EXECUTOR OF LATE LEKRAY AGGRWAL V. MUNSHIRAM & COMPANY LTD.

(1997) JELR 102587 (CA)

Court of Appeal  •  civil appl no. nai. 74 of 96[1]  •  2 May 1997  •  Kenya

Coram
Abdulrasul Ahmed Lakha

Judgement

R U L I N G

On February 15, 1996 this Court struck out the applicant's Civil Appeal No. 59 of 1991 as being incompetent since a copy of the decree included in the record was not certified. It was an appeal from the judgment of the superior court (Pall, J., as he then was) delivered on October 17, 1990. The time, however, to file a fresh record of appeal had expired. Hence the present application for enlargement of time to file the record of appeal.

Mr. Sehmi for the respondent, in a brief but attractive argument ably made, submitted that the application was incompetent since there was no application made for extending the time for filing a notice of appeal. As was said by Kwach, J.A. in Kenya Canners Ltd. v. Titus Muiruri Doge, Civil Application No. NAI. 200 of 1995:-

"So, if an appeal is struck out on the ground that the record of appeal does not contain any one of these documents, an appellant can only resuscitate the appeal by going back to the starting line for a fresh start.

And that…

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