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KASYI SURVITEX LIMITED v. KITALE MUNICIPAL COUNCIL,SAPAMO CONSULTANTS

(2003) JELR 98268 (CA)

Court of Appeal  •  civil misc appl 197 of 02  •  23 Jan 2003  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

The Notice of Appeal sought to be struck out was served on the applicant on 12-6-02 clearly outside the prescribed period of 7 days under rule 76 (1) of the Court of Appeal Rules the same having been lodged in the superior court on 24th May, 2002. An essential step in the proceedings was therefore not taken under the provisions of rule 80 of the Rules of this Court . In the result the said Notice of Appeal is struck out with costs to the applicant.

Made at Mombasa this 23rd day of January, 2003.

J. E. GICHERU

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JUDGE OF APPEAL

P. K. TUNOI

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JUDGE OF APPEAL

A. A. LAKHA

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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