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Republic v. Charles Lutta Kasamani t/a Kasamani & Co. Advocates &United; Insurance Company Ltd ex parte Minister for Finance & Commissioner of Insurance as Licencing and Regulating Officers

(2006) JELR 95241 (CA)

Court of Appeal  •  Civil Appeal (Appli) 281 of 2005  •  14 Jul 2006  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki



The application before us seeks an order under rule 80 of the rules of this Court that the main appeal be struck out on four grounds one of which was abandoned. The remaining three grounds are:

“b) that the notice of appeal contained in the record is fatally defective as it is not signed on behalf of the parties to the suit but is purportedly signed on behalf of the counsel for the parties.

c ) that the appellant herein has not filed any notice of appeal to justify the filing of this appeal.

d) that the memorandum of appeal is not signed by or on behalf of the appellant but is purportedly signed on behalf of the counsel for the appellant.”

The main appeal arose from orders issued by the superior court (Tanui J) on 25th July, 2005 in a Judicial Review application. The orders were granted in favour of Charles Lutta Kasamani T/A Kasamani and Co. Advocates who was named as the interested party in the application. His firm had provided legal services in various matters to M/…

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