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Ransa Company Limited,Hatibu Abdalla Juma & Kassim Sharrif v. Manca Francesco

(2015) JELR 93987 (CA)

Court of Appeal  •  Civil Appeal 46 of 2014  •  31 Jul 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

We have been invited by the applicant in the instant motion dated 3rd March,2015 brought pursuant to Rule 84 of the Court of Appeal Rules to strike out both the notice of appeal and the entire record of appeal on the grounds that judgment in the primary suit was delivered on 18th February,2014 and the notice of appeal lodged on 6th March, 2014, was outside the prescribed period by two days; that the notice of appeal has not been served; that the record of appeal has omitted several primary documents; and that the record of appeal was itself filed out of the stipulated sixty days.

The respondent in opposing the application conceded in the replying affidavit that indeed the notice of appeal was filed on 6th March, 2014 a mere, two days out of time; that he had instructed his erstwhile advocates, Katsoleh and Co.Advocates to start the appeal process immediately the judgment was rendered; that the delay in filing the record of appeal was occasioned by the failure of the …

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