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PARBAT KESHNRWAL V. ABDUL ISMAIL NURANI

(1976) JELR 94091 (CA)

Court of Appeal  •  Parbat Keshnrwal v. Abdul Ismail Nurani  •  19 Jan 1976  •  Kenya

Coram
Abdulla Mustafa, Justin Saulo Musoke, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

(Coram: Wambuzi P, Mustafa and Musoke JJ A)

PARBAT KESHNRWAL...........................APPELLANT

VERSUS

ABDUL ISMAIL NURANI.....................RESPONDENT

JUDGMENT

The memorandum of appeal was filed without any authorized person signing it. In the circumstances, as admitted by Mr Amata for the appellant, no appeal is before this Court. Mr Carruthers’ objection, therefore, that the appeal is incompetent is valid. Mr Amata agrees. He has, however, applied to this Court under rule 4 of the Rules of this Court for extension of time to file a proper appeal. He states that he sent his clerk down from Eldoret to file the appeal in Nairobi and, at the time of filing, his clerk discovered that the memorandum was not signed. The clerk thereupon signed it and he informed Mr Amata of this when he returned to Eldoret.

Mr Amata therefore knew of this in May 1975, but took no action to correct this basic error. He has admitted that he did not realise the imp…

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