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Philip Wachira Mwaniki v. Blueshield Insurance Co. Ltd

(2002) JELR 95022 (CA)

Court of Appeal  •  Civil Application Nai. 13 of 2002  •  5 Jul 2002  •  Kenya

Coram
Johnson Evan Gicheru, Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

In this Notice of Motion which is made under rule 80 ofthe Court of Appeal Rules, hereinafter called the Rules, theapplicant has sought to have the respondent's Notice of Appealdated 7th May, 1999 and date-stamped in the superior court on12th May, 1999 struck out for the reasons that the respondenthas since the lodgement of the said Notice of Appeal deliberately failed to institute its intended appeal against the decision of the superior court given on 6th May 1999 with the resultant delay in the conclusion of the litigation between them to his detriment.

According to the respondent, the proceedings and judgment relevant to its intended appeal were collected from the supEtiGan 8th May, 2001 but without certified copies of some documentary exhibits tendered in evidence in that court which allegedly had subsequently been collected by the then Counsel for the applicant in the superior court, Mr. F. N. Wamalwa

Efforts to retrieve these exhibits have not been successful.…

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