TITUS MUIRURI DOGE V. KENYA CANNERS LIMITED

RULING

The applicant, Titus Muiruri Doge has moved this court to strike out Civil Appeal No 12 of 1989 filed by the respondent Kenya Canners Ltd. He wants the appeal to be struck out because in his view it is incompetent and the court has no jurisdiction to entertain it as the respondent did and had not extracted the decree or order appealed from at the time of lodging the appeal and there was no certificate copy of the decree or order included in the Record of Appeal filed and served on the applicant’s advocates. The applicant’s alternative prayer is that the Record of Appeal which the respondent filed be struck out and the appeal be dismissed because it was not compiled in accordance and does not comply with rule 85 of the Court of Appeal Rules.

The application is supported by an affidavit sworn by Lee Gacuiga Muthoga. There was no replying affidavit. In his affidavit Mr Muthoga has deponed that the Notice of Appeal was served on his firm of advocates on the 15th November, 1988, and s…