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REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, TUNOI and SHAH, JJ.A. CIVIL APPEAL NO. 259 OF 1998 BETWEEN JOHN KANANDA and OTHERS ................................APPELLANTS
AND
HARAMBEE CO-OP SOCIETY LTD ...........................RESPONDENT
(Appeal from an order of the High Court of Kenya at Nairobi (Amin J) dated 2nd September, 1998
in
H.C.C.C. NO. 267 OF 1998)
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ORDER OF THE COURT
The order appealed against obviously required the leave of the Judge to enable the appellant mount a valid appeal.
The appeal is clearly incompetent and though Mr. Khamala asks us to adjourn the matter to enable his senior to appear. We cannot see how her presence will change the position. The appeal being incompetent, we order that it be and is hereby struck out but with no order as to costs.
Made at Nairobi this 28th day of April, 1999.
R. S. C. OMOLO
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JUDGE OF APPEAL
P. K. TUNOI
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JUDGE OF APPEAL
A. B. SHAH
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JUDGE OF APPEAL
I cert…