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Mburugu M. Kioga v. Kenyatta National Hospital, Kinoti Mugambi & Machoki M'imunya

(2012) JELR 99165 (CA)

Court of Appeal  •  Civil Appeal (Application) 180 of 2009  •  20 Apr 2012  •  Kenya

Coram
John walter Onyango Otieno, David Kenani Maraga, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

On 26th June, 2008, Khamoni, J dismissed the appellant’s suit for want of prosecution. On 3rd July, 2008, the appellant evinced his intention to appeal against that decision by filing a notice of appeal and applied for copies of the proceedings. As required by Rule 82(2) of the Court of Appeal Rules (the Rules), he copied that application to the respondent’s advocates and there is no issue raised in respect of that application or notice of appeal. He filed his record of appeal on 11th August, 2009. The respondent, however, claims that the record of appeal was filed out of time and on that ground, they have applied under Rules 42 (1), 52 (2), 80 and 85 (1) (f) and 2A of the Rules to have the appellant’s appeal be struck out. The application is supported by the other two respondents. This ruling is on that application.

Relying on his affidavit in support of the application, Mr Gachuhi the learned counsel for the third respondent, urged us to strike out this appeal on t…

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