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STEPHEN E.C. NGALA v. BURKA AHMED SALIM & SWALHA AHMED SALIM

(2006) JELR 96790 (CA)

Court of Appeal  •  Civil Appeal (Appli)311 of 2004  •  21 Jul 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

Although Mr Asige, learned counsel for the appellant, made a spirited effort to oppose the order sought in this matter for striking out the record of appeal, we see no option but to accede to the application.

It is an application made under rule 80 of the rules of this Court seeking an order that:

“The entire Record of Appeal be stuck out for being incompetent as it does not contain documents and pleadings which are mandatorily required to be part of the Record of Appeal under rule 85 of this Court’s rules:

In essence the applicant, through learned counsel Mr Odongo, says that the record of appeal omitted the pleadings, proceedings and judgments of the two lower courts below which are primary documents under rule 85 and the record is thus rendered incompetent. There is no affidavit in reply made to rebut that assertion and indeed it is conceded by Mr Asige that there are no pleadings, proceedings or judgments of the lower courts. According to Mr. Asige, these were all …

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