judy.legal
Login Register

Nduti v. Ng'ang'a

(1981) JELR 98489 (CA)

Court of Appeal  •  Civil Appeal 6 of 1980  •  16 Feb 1981  •  Kenya

Coram
Eric John Ewen Law, Alfred Henry Simpson, Kenneth D Potter

Judgement

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 …

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login