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PETER KIMANI MWANGI v. KARANJA MUCHINJU

(1994) JELR 94125 (CA)

Court of Appeal  •  civil misc appl 170 of 94  •  9 Dec 1994  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Mathew Guy Muli

Judgement

RULING OF THE COURT


The Notice of Appeal filed as far back as 24th March, 1994 was not followed by any steps or action to show that an appeal was contemplated. We see no purpose in trying to nurse the Notice of Appeal without seeing any steps having been taken following the filing of Notice of Appeal. Time has expired under the Rules and no useful purpose will be achieved by leaving this Notice of Appeal on the Record.

We agree with Mr. Muriithi that there is no option but to strike out the Notice of Appeal filed on 24th December, 1994. Accordingly the Notice of Appeal is hereby struck out with costs to the applicant.

Dated and delivered at Nairobi this 9th day of December, 1994.

M.G. MULI

JUDGE OF APPEAL

R.S.C. OMOLO

JUDGE OF APPEAL

P.K. TUNOI

JUDGE OF APPEAL

I certify that this is a true copy of the original.


DEPUTY REGISTRAR

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