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John Nginyi Muchiri v. Saul Korir Kiptalam, John Kamunya, Alex Kibore, Job Gichuru Njoroge, Esther Njoki Kamunya, Stephen Ngugi Kariuki & Lydia Job Wairimu

(2007) JELR 105166 (CA)

Court of Appeal  •  Civil Appli. Nai 202 of 2006  •  30 Mar 2007  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, William Shirley Deverell



This is an application by way of notice of motion expressed to be brought “Under Rules 42, 43, 74, 80 and 81 of the Court of Appeal Rules in which the applicant herein, John Nginyi Muchiri seeks the following orders:-

“1. THAT the Notices of Appeal filed herein on 28th April, 2005 and 12th May, 2005 by the 2nd, 4th 5th and 7th respondents be struck out.

2. THAT the costs of the application be borne by the said respondents in any event.”

The application is made on the following grounds:-

“(a) THAT the respondents herein have failed to take essential steps to institute the Appeals.

(b) THAT the time permitted by the rules for lodging the appeal has since expired.

(c) THAT the notice of appeal filed by the 4th and 7th defendants is incurably defective both in form and substance.”

When the matter came up for hearing before us on 1st March, 2007 Mr. Ikua, the learned counsel for the applicant, narrated the history of the matter by informing us that the notice of appeal was fil…

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