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John Francis Muyodi v. Peter Lunani Ongoma, Celtel alias Zain Kenya Ltd & Safaricom Limited

(2014) JELR 103839 (CA)

Court of Appeal  •  Civil Appeal 36 of 2013  •  18 Dec 2014  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

RULING OF THE COURT

1. Safaricom Limited (the applicant), is the 3rd respondent in this appeal. By its Notice of Motion dated 12thNovember, 2013 and brought under Rules 42, 82, 83, and 84 of the Court of Appeal Rules (the Rules), it has applied to strike out both the appellant’s notice of appeal and record of appeal on the ground that the record of appeal was filed out of the prescribed period of 60 days. The application is supported by the affidavit of Daniel Ndaba, the applicant’s Principal in-House Litigation Counsel.

2. Presenting the application before us and relying on the averments in the supporting affidavit, Miss Kinyanjui, learned counsel holding brief for Mr. Muchiri for the applicant, submitted that though the appellant filed the notice of appeal and applied for a copy of the proceedings on 9th July, 2013 which was within the required time, he failed to serve the applicant with a copy of the application for proceedings as required by Rule 82(2)of the Rules. In the circumstan…

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