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SAFE RENTALS LIMITED v. AFRICAN SAFARI CLUB LTD

(2011) JELR 93884 (CA)

Court of Appeal  •  Civil Appeal (Application) 225 of 2010  •  4 Mar 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram

Judgement

RULING OF THE COURT

Two applications were argued before us simultaneously, the first one being an application for an order striking out Civil Appeal No. 225 of 2010, as incompetent, and is expressed to be brought under Rules 42(1) and 80 of the Court of Appeal Rules. It was filed on 26th August 2010. The second one was filed on 17th November, 2010, and was filed by the appellant in the aforesaid appeal, African Safari Club Limited, which application is expressed to be brought under rules 44(1), 47 and 64(1) of the Court of Appeal Rules, The Appellate Jurisdiction Act and Article 159 (2) (b) and (d) of the Constitution of Kenya. In that application the appellant seeks, firstly, an order expunging from the record a certificate of delay dated 31st May 2010; secondly, an order granting it leave to file and presumably serve a supplementary record of appeal to bring on record some undisclosed documents. However, we presume the appellant wants to incorporate in the record of appeal the documeā€¦

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