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Wangethi Mwangi & Nation Newspapers Limited v. J. P. Machira T/A Machira & Co. Advocates

(2003) JELR 98413 (CA)

Court of Appeal  •  Civil Appeal 303 of 2002  •  11 Apr 2003  •  Kenya

Coram
Abdulrasul Ahmed Lakha, Richard Otieno Kwach, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

This is an application brought by the successful plaintiff (applicant) under rule 80 of the Court of Appeal Rules to have Civil Appeal No. 303 of 2002 struck out because the notice of appeal is defective and incompetent and consequently the record of appeal is invalid as an essential step in the proceedings has not been taken by the defendants (respondents) within the prescribed time. The appeal is also being impugned on the ground that there is no correct certificate given by the Registrar of the superior court under rule 81 of the said Rules and the record of appeal does not comply with rule 85 of those Rules.

According to the affidavit filed in support of the application the judgment appealed from was delivered on September 14, 2001 while the notice of appeal together with the letter requesting for copies of proceedings thereto. The copies were ready for collection on August 5, 2002 and the respondents ought to have filed the appeal within 60 days of that date whi…

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