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KENYA ANTI-CORRUPTION COMMISSION v. AHMED MWIDANI & 4 others

(2011) JELR 100357 (CA)

Court of Appeal  •  Civil Appeal (Application) 114 of 2008  •  4 Mar 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

The application before the Court is to strike out the appeal and is expressed to be grounded on Rules 85(1), 80 and 42(1) and 2 of the Court of Appeal Rules.

The grounds upon which the application is based are:-

i. That the appeal is against the Ruling and Order of the superior court made on 19th February 2008.ii. That the Order appealed from has not been extracted and is not part of the record of appeal.iii. That the order is a primary document and the failure to annex it is fatal to the appeal. At the hearing the 1st applicant/respondents’ counsel Mr Khatib highlighted the above grounds but added that what should have been extracted and made part of the record of appeal was an order and not a decree and as the ruling is dated 20th February 2008 the decree should have borne the same date instead of 19th February 2008 as stated in the extracted decree and in view of these two defects, he submitted that the appeal was incompetent.

Mr Okongo, learned counsel for the 4th …

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