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Nicholas Mulaya v. Joel Kisia & Inter Freight (K) Limited

(2001) JELR 93846 (CA)

Court of Appeal  •  civ app 90 of 99  •  21 Mar 2001  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

Mr Otieno for the appellant concedes and, rightly so, that several pages in his record of appeal are not legible in breach of rule 13 of the Rules of the Court . More importantly, however, the record does not include the application or supporting affidavit for the amendment of a pleading in breach of rule 85 (1)(c) of the rules. This omission is incurable and renders the appeal incompetent. It is accordingly struck out but with no order as to costs. Dated and delivered at Kisumu this 21st day of March, 2001. J. E. GICHERU --------------- JUDGE OF APPEAL P. K. TUNOI --------------- JUDGE OF APPEAL A. A. LAKHA --------------- JUDGE OF APPEAL I certify that this is a true copy of the original.

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