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Morris Thuranira v. M'ibiri Mbogori & 3 others

(2008) JELR 98944 (CA)

Court of Appeal  •  Civil Appeal (Appli) 305 of 2006  •  23 May 2008  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, John walter Onyango Otieno

Judgement

RULING OF THE COURT

This is an application under rule 80 of the Court of Appeal Rules (the Rules) for an order to strike out the appeal on two grounds. First, that the record of appeal was served outside the time stipulated by the Rules; and secondly, that Quickline Auctioneers, a party directly affected by the appeal was not served with the notice of appeal in breach of the mandatory provisions of rule 76(1) of the Rules. It is worthy of note that Quickline Auctioneers was the 2nd defendant in Meru CMCC No. 170 of 2006 which was later consolidated with Meru H.C. Misc. No. 83 of 2006 to constitute Meru HCCC No. 26 of 2005 the subject of this appeal.

It is common ground that this appeal was filed on 6th December, 2006 and was served on the 3rd respondent herein on 14th December, 2006, one day outside the seven day period limited by rule 76(1) aforesaid. The delay, though one day, has not been sanctioned by the Court and it must follow therefore that the application on this ground cannot …

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