RULING OF THE COURT
We grant the application as prayed in the motion before us. The judgment the subject matter of the intended appeal was delivered on 4th September, 2001. The Notice of Appeal was lodged on 9th October, 2001, well outside the time prescribed by the Rules of this Court. Thus, the Notice of Appeal so lodged is invalid. It is ordered struck out with costs to the applicants.
Dated and delivered at Mombasa this 23rd day of January, 2003.
J.E GICHERU
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JUDGE OF APPEAL
P.K TUNOI
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JUDGE OF APPEAL
A.A LAKHA
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR