judy.legal
Login Register

PAUL WEPUKHULU, PHILLIP WAMACHO CHEMIATI & WAFULA CHEMIATI V. CHARLES NAKITARE

(1997) JELR 94246 (CA)

Court of Appeal  •  civ app 186 of 91  •  14 Jul 1997  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

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…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login