JOHN KIMANI NJOROGE V. SERAH NJERI MWOBI

RULING OF THE COURT

This is an application expressly brought under rule 80 of the Rules of this Court to strike out the notice of appeal dated 15^th February, 2007, and consequently; Civil Appeal No. 160 of 2007 on the ground that the notice of appeal was served on the respondent out of time.

The decision the subject matter of the appeal was delivered on 8^th February, 2007. The respondent, Serah Njeri Mwobi, being aggrieved, timeously filed a notice of appeal on 15^th February, 2007. It is the contention of Mr. Mabeya, for the applicant, Mr. John Kimani Njoroge, and the respondent in Civil Appeal No. 160 of 2007, that his firm was served on 7^th March, 2007, outside the period limited by rule 76(1) of the Rules of this Court. To buttress his contention, Mr. Mabeya has annexed to the motion the notice of appeal with an endorsement acknowledging service on the even date.

However, Mr. Odhiambo, for the respondent, opposes the application on the ground that his process server, Mr. Peter Kahinga…