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Peter Kibe Wangai v. Paul Temu Nderemo & Camp Garnatula Catholic

(2015) JELR 95107 (CA)

Court of Appeal  •  Civil Application 29 of 2014  •  20 Jan 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

RULING OF THE COURT

Before us is a Notice of Motion application brought pursuant to Rule 83 of the Court of Appeal Rules (the Rules). The applicant seeks inter alia an order striking out the Notice of Appeal dated 1st October, 2010 which was filed against the High Court’s judgment dated 17th September, 2010.

The grounds in support of the application are that the respondents filed the Notice of Appeal on 1st October, 2010 against the aforementioned decision of the High Court and served the same upon the applicant’s advocate on 4th October, 2010. Since then the respondents have failed to take any action in filing the appeal. It is in the interest of justice for the orders sought to be granted.

At this juncture it is imperative to set out the background facts of this application. Following a road traffic accident the applicant herein filed a suit in the subordinate court against the respondents seeking damages. At the conclusion of the trial, the trial court dismissed the applicant’s suit; …

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