JESSIE KUTHII NJERU V. JOHANA IRERI SIMON & ANOTHER

RULING OF THE COURT

Civil Appeal Number 275 of 2007 was filed in this Court on 30^th November, 2007. The record shows that at the time it was filed, the decree in the record of appeal was as approved by the Deputy Registrar of the superior court. Later, it is alleged that the decree was recalled by the superior court as the judgment in respect of which it was extracted had been put before the superior court Judge and the learned Judge had amended typographical errors in that judgment. That necessitated amendment to the decree such that the decree in this record of appeal is no longer a proper reflection of the judgment as amended. That situation obtaining, the respondent in the appeal Jessie Kuthii Njeru, through his advocate moved to this Court and filed this Notice of Motion before us dated 17^th January, 2008 and filed on 18^th January, 2008 seeking orders: -

“1. That this Honourable Court be pleased to strike out this appeal with costs.

2. The costs of this application be awarded to the…