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Republic v. District Commissioner Machakos

(1996) JELR 94137 (CA)

Court of Appeal  •  Civil Appeal 121 of 1992  •  21 May 1996  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

In this application the applicant seeks to have the appellant's appeal struck out for being incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against. Mr. Mokaya for the appellant concedes this application but asks that he be allowed to withdraw the appellant's appeal. It is patently obvious that the record of the appellant's appeal does not contain a certified copy of the decree appealed against. In the circumstances the said appeal is incompetent as it offends the provisions of rule 85(1)(h) of the Rules of this Court and there is therefore nothing to be withdrawn. In the result we allow the applicant's application and strike out the appellant's appeal with costs to the applicant Isaac Matheka Mutua together with the costs of this application.

Dated and delivered at Nairobi this 21st day of May, 1996.

J.E. GICHERU

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JUDGE OF APPEAL

R.S.C. OMOLO

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JUDG…

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