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SOUTH NYANZA SUGAR COMPANY LIMITED v. SILVAN KETCH

(2010) JELR 96631 (CA)

Court of Appeal  •  Civil Appeal (Application) 203 of 2008  •  5 Feb 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

CIVIL APPEAL (APPLICATION) 203 OF 2008

SOUTH NYANZA SUGARCOMPANY LIMITED.....APPELLANT

AND

SILVAN KETCH...........................................................RESPONDENT

(Being an appeal from the judgment and decree of the High Court of

Kenya at Kisii ( Kaburu Bauni, J) dated 18

th

May 2007

in

H.C.C.APPEAL NO. 210 OF 2001

**********************

RULING OF THECOURT

This is an application under rules 42, 43 and 80 of the Court of Appeal Rules for striking out the appeal. The grounds upon which the order is sought are that:- (a) The decree attached to the record of appeal is invalid it having been extracted without approval or notice or settlement contrary to Order XX Rules 6 and 7 of the Civil Procedure Rules. (b) The decree attached and as extracted does not reflect the judgment of the court and is also undated. (c) The attached certificate of delay is inaccurate and invalid and consequently therefore the record of appeal is…

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