IN RE ESTATE OF KATANA KARISA MADAGO ALIAS KATANA KARISA VENGO (DECEASED)

RULING OF THE COURT

[1] The application before us seeks to strike out the record of appeal filed on 5^th July, 2017 by Charo Katana Kenga, (respondent) on the grounds that the appeal was filed out of time. On the outset, we must state this application was slovenly drawn as the applicants invoked the wrong provisions of the law by predicating it under sections 1A, 1, 3, 3A, 63 (e), of the Civil Procedure Act and section 80 of the Appellate Jurisdiction Rules and all the enabling provisions of the law. This sloppiness resumably based on the practice of copy pasting must be deprecated. Nonetheless, in the spirit of looking at the bigger picture in the administration of justice being the substantive justice of the matter as ordained under Article 159(2) (d) of the Constitution, we will overlook those procedural missteps as the application can generally be located within the provisions of Rule 84 of the Court of Appeal Rules which provides as follows:-

“A person affected by an appeal may at a…