PATRICK NJUGUNA KARIUKI V. DELMONTE KENYA LIMITED

RULING OF THE COURT

In this Notice of Motion dated 25^th September 2017 the applicant Patrick Njuguna Kariuki, seeks to strike out the respondent’s Record of appeal lodged on 21^st August 2017. The application was brought under rules 42, 43, 82 (1) and 84 of the Court of Appeal rules and Article 159 (2) (c) of the Constitution and was premised on grounds that the Notice of appeal was filed on 8^th November 2012 and thereafter, the Record of appeal was filed on 21^st August 2017, and served on 25^th August 2017; that the respondent cannot benefit from the proviso to rule 82 (1) of this Court’s rules to file the Record of appeal since it did not serve the applicant with the letter requesting for proceedings with the result that it ought to have filed the Record of appeal within 60 days from delivery of the Judgment, which it had failed to do, so that the appeal was filed out of time, and should be stuck out.

The motion was supported by the affidavit of Elijah Mwangi Njeru, Advocate who was sei…