REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: LAKHA, PALL JJ.A and BOSIRE AG. JA)
CIVIL APPEAL/APPLICATION NO.186 OF 1991
PHILLIP WAMACHO CHEMIATI
WAFULA CHEMIATI
PAUL WEPUKHULU .................................... APPELLANT
AND
CHARLES NAKITARE .................................. RESPONDENT
(Appeal from judgment of the High Court of Kenya at
Eldoret (D.K.S. AGANYANYA) dated 10th September,
1990
in
H.C.C.C. NO. 80 OF 1977
****************
ORDER OF THE COURT
The record of appeal does not include a certified copy of decree, as is mandatorily required by rule 85(1)(h) of the Rules of this court. This appeal is therefore incurably defective. It is therefore incompetent and is ordered struck out but with no order as to costs, as the legal representatives of the deceased
respondent had not been substituted.
Dated and delivered at Nakuru this 20th day of February, 1997.
A.A. LAKHA
...............
JUDGE OF APPEAL
G.S. PALL
...............
JUDGE OF APPEAL
S.E.O. BOSIRE
................
AG. J…