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Kenya Tea Development Agency Ltd v. Kabiro Ndaiga & Co. Advocates

(2002) JELR 99911 (CA)

Court of Appeal  •  Civil Appeal (Application) 150 of 2002  •  11 Nov 2002  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

RULING OF THE COURT

This is an application under rule 80 of the Rules of this Court to strike out the Record of Appeal filed on 17th June, 2002 as being filed outside the prescribed period. This is clearly so having regard to the Certificate of Delay which shows that necessary advice of readiness of the proceedings was sent by a letter dated 4th March, 2002. The last day for filing the record of appeal was 3rd May, 2002. In the absence of any enlargement of time the appeal was filed out of time. It is therefore struck out with costs including costs of the application.

Dated and delivered at Nairobi this 11th day of November, 2002.

P.K. TUNOI

...................

JUDGE OF APPEAL

A.A. LAKHA

....................

JUDGE OF APPEAL

E. OWUOR

..................

JUDGE OF APPEAL

I certify that this is a

true copy of the original.

DEPUTY REGISTRAR

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