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SOCIETE DE TRANSPORTS INTERNATIONAUX AU RWANDA V. H. H. ABDI

(1998) JELR 94294 (CA)

Court of Appeal  •  civ app 20 of 98  •  9 Oct 1998  •  Kenya

Coram
Johnson Evan Gicheru, Gurbachan Singh Pall, Philip Kiptoo Tunoi

Judgement

RULING OF THE COURT

By this application brought under rules 80 and 85 (1) and (2) of the Rules of this Court, the respondent moves the Court to strike out the record of appeal lodged in this Court on 27th February, 1998, in Civil Appeal Number 20 of 1998 on the grounds, first; that the record of appeal is not complete in that it does not incorporate full proceedings of the trial in the superior court, secondly, that several pages have been typed out of sequence, and; finally, that many pages of the record are illegible.

Mr. Nagpal, counsel for the respondent, whilst conceding that these mistakes are rampant and obvious in the record of appeal, attributed the omission to the missing court file. He averred that the respondent was not to blame since the record of appeal was prepared and filed according to the court proceedings which were supplied to him; moreover, he submitted the same were certified by the superior court.

A complete record of the proceedings is always desirable in order to…

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