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PEPCO CONSTRUCTION COMPANY LIMITED v. CARTER & SONS LIMITED

(2000) JELR 94287 (CA)

Court of Appeal  •  civ app 80 of 99  •  24 Mar 2000  •  Kenya

Coram
Johnson Evan Gicheru, Effie Owuor

Judgement

RULING OF THE COURT

This is an application under rules 42, 74, 80 and 85 of the Court of Appeal rules (the Rules) brought by Pepco Construction Company Limited, (the applicant) seeking the

f"o1l.lTohwaitn gN ootridceer so:f- intended appeal lodged herein and dated 27th November, 1992 and the appeal lodged on 10th May, 1999 be struck out on the grounds:

(1)That the Notice of Appeal lodged herein by the Respondent/Appellant, the 3rd Defendant is not in the prescribed form as there in no such thing as "Intended Notice of Appeal".

(2)That the Notice of Intended Appeal lodged herein was filed in a name of the wrong Party i.e Pepco Construction and Transport Company Limited, whereas the true and correct party is Pepco Construction Company Limited., 3rd Defendant".

The applicant's second complaint is in respect of the record of appeal prepared by the respondent/appellant's advocate. He contends that the same is incomplete because it does not contain an exhibit produced before the superior court b…

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