IN THE COURT OF APPEAL
AT NAIROBI
( Coram:Law, Potter JJA and Simpson Ag JA )
CIVIL APPEAL NO. 6 OF 1980
BETWEEN
NDUTI......................................................................................APPELLANT
AND
NG'ANG'A...........................................................................RESPONDENT
JUDGMENT
The appeal set down for hearing today is hopelessly irregular. The respondent’s advocate, by notice of motion served on the appellant’s advocate on October 30, 1980 pointed out in his supporting affidavit.
a) that no notice of appeal had been served on him;
b) that no decree was included in the record of appeal, and we are told that no decree has been extracted to this day;
c) that the documentary evidence exhibited at the trial is not included in the record.
Notwithstanding this notice, the appellant’s advocate took no steps to regularize the position, until three days ago when he filed an affidavit intimating that he would today make an informal application for extensions of time …