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
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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…