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Mohamed T/A Kitale Autospares v. Central Bank of Kenya, Charterhouse Bank Ltd & Ratilal Automobiles Ltd

(2008) JELR 99000 (CA)

Court of Appeal  •  Civil Appeal 228 of 2007  •  9 Oct 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Joyce Adhiambo Aluoch

Judgement

RULING OF THE COURT

In an application dated and filed in the court registry on 29th November 2007, the applicant, Central Bank of Kenya, seeks the striking out of the Record of Appeal lodged in this Court on 24th day of October 2007 and that the costs attendant thereto be awarded to the applicant. It is supported by the affidavit deponed to by counsel for the applicant which has only one ground, namely that though the Record of Appeal was lodged in court as aforesaid, it was not until 19th November 2007 that the same was served upon his firm. He referred the Court to an annexure marked A on the affidavit which has the endorsement of the date of service on page 209 of the record of appeals dated 19th November, 2007. The same affidavit then states that the record of appeal should be struck out because it was not served upon the appellant (1st respondent) within the period prescribed by the Rules of this Court. There were no affidavits in reply to the application probably because the resp…

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