ONCHWARI MOGAKA V. NYACHIRO SIRIBA, GORI KIBINDORI & ABANCHANI FARMERS CO LTD

RULING OF THE COURT

The respondent in this Notice of Motion dated 19th September, 2013 and filed on the same date, Nyachiro Siriba was the plaintiff in the H.C.C.C. No. 119 of 1994 at Kisii. The applicants in the Notice of Motion Ochwari Mogaka, Gori Kibindori and Abanchani Farmers Co. Ltd, were the defendants in that case.

Vide a judgment dated and delivered on 9th May, 2013, the High Court

(Sitati, J.) dismissed the case with costs to the first and second respondents. The respondent felt aggrieved. He moved to this Court vide Notice of Appeal filed on 16th May 2013, through his firm of Advocates Migiro and Co. on 28th May, 2013.That firm of Advocates wrote a letter to the Deputy Registrar bespeaking certified copies of proceedings and judgment for purposes of appeal. That letter was copied to the advocates for the applicants. On 8th August 2013, the respondent lodged record of appeal and served the advocates for the applicants with that record on 21st August, 2013.

On being served with …