IN THE COURT OF APPEAL
AT MOMBASA
( Coram: Wicks CJ, Law and Miller JJA )
CIVIL APPEAL NO. 27 OF 1981
BETWEEN
KADUDA................................................................................APPELLANT
AND
DOUGLAS........................................................................RESPONDENT
JUDGMENT
When the hearing of this appeal began Mr Jiwaji for the first respondent took the preliminary objection that the notice of appeal was not served in accordance with rule 76 (1) of the rules of this Court, and that the record of appeal was not served in accordance with rule 87(1). The facts are that the notice of appeal, which should have been served within seven days of the date of filing (March 19, 1981) was not served until April 1, 1981, five days out of time; and the record of appeal, which was filed on May 13, 1981, which should have been served within seven days thereafter had not been served by the July 24, 1981, when Mr Jiwaji filed his notice of motion. The responsibility for effect…