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Safaricom Limited v. Jack K. Khanjira & another

(2018) JELR 94356 (CA)

Court of Appeal  •  Civil Appeal (Application) 57 of 2018  •  15 Nov 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] By an application dated 7th June, 2018, the respondents in the main appeal (hereinafter applicants) have sought the striking out of the Notice of Appeal and the Record of Appeal herein. The application is expressed to be brought under Rules 84 and 104 (b) of the Court of Appeal Rules. It is based on grounds that the Notice of Appeal is incurably defective, having been filed out of time without leave; also, that service thereof was never effected on the applicants as stipulated under rule 77 (1) of the rules; that the Notice of Appeal was never signed or endorsed by the Deputy Registrar and that as a result of the foregoing, the Notice of Appeal and by extension the Record of Appeal should be struck out.

[2] The applicants added that the Record of Appeal was also defective on account of its failure to contain a copy of the superior court proceedings or Judge’s notes. Yet another ground advanced by the applicants was that the respondent had filed an application bef…

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