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Patrick Olasa Wabidonge v. Kobil Petroleum Limited

(2006) JELR 96449 (CA)

Court of Appeal  •  Civil Appeal (Appli) 36 of 2004  •  14 Jul 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is a Preliminary Objection to the notice of motion dated 19th May, 2004 and filed in Court on the same day. At the hearing of the application, Mr. Siganga, learned counsel for the appellant (Respondent in the application) submitted that the application is incompetent and should be struck out with costs.

By the application, the subject matter of the preliminary objection, the applicant seeks:

“ORDERS THAT Civil Appeal No. (sic) of 2004 (means Civil Appeal No. 36 of 2004) filed on 13th February, 2004 be struck out with costs on the grounds that the appeal is incompetent due to the fact that the record of appeal omits to incorporate all the proceedings in the superior court and the advocates for the appellants are not properly on record and the defence exhibit is missing from the record”.

That application is made under:

“Court of Appeal Rules including Rules 1 (2); section 3 of the Appellate Jurisdiction Act and all other enabling provisions of the law”.

By an earlier …

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