JUDGMENT
Kneller Ag JA Mr Raiji, for the first respondent (Mr Ochieng’), who was the decreeholder in the High Court, took a preliminary point, namely, that Mr Akhaabi’s application, on behalf of the judgment debtor (Mr Muliro), for leave to appeal was incompetent and should be struck out because, although the application was accompanied by a copy of the decision against which Mr Muliro desired to appeal, there was no copy of the order of the High Court refusing to give leave to appeal, and this fell foul of rule 43 (3) of the Court of Appeal Rules. Mr Omondi, who appeared for the auctioneer, who sold Mr Muliro’s farm and Mr Onalo, who appeared for the purchaser of the farm, Yuya Co-operative Society Limited supported Mr Raiji. Mr Akhaabi relied on the fact that he had accompanied his application with a photocopy of the typed copy of the learned judge’s decision, against which he desired to appeal together with a copy of his ruling refusing leave to appeal, and he said this was the prac…