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Sacco Societies Regulatory Authority v. Biashara Sacco Society Ltd

(2013) JELR 96456 (CA)

Court of Appeal  •  Civil Appeal (Application) 7 of 2013  •  21 Dec 2013  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

1. Biashara Sacco Society Limited, the ex parte applicant in the aforesaid Judicial Review application, hereinafter referred to as “the applicant”, filed an application by way of Notice of Motion allegedly brought under Rule 85 of this Court’s Rules seeking the following orders:

“1. That the notice of appeal dated 23rd August, 2012, the record of appeal dated the 18th April, 2013 and the supplementary record of appeal dated 28th April, 2013 herein be struck out with costs.

2. That the costs of this application be borne by the respondent.”

2. The application was premised on the following grounds:

“i) That the notice of appeal is defective

ii) That the record of appeal is incomplete.

iii) That the record of appeal is inconsistent and does not conform with the record in the superior court.

iv) That the supplementary record of appeal is filed without leave of the court.

v) No prejudice will be occasioned if the above orders are granted.”

3. A brief affidavit in support of the…

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