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Wilfred Odhiambo Musingo v. Habo Agencies Limited

(2003) JELR 94034 (CA)

Court of Appeal  •  Civil Application 254 of 2002  •  4 Apr 2003  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Effie Owuor

Judgement

RULING OF THE COURT

The applicant, Wilfred Odhiambo Musingo, seeks an order to strike out a notice of appeal lodged by the respondent, Habo Agencies Limited, on the grounds that the respondent has failed to take any steps to lodge the appeal within the time stipulated in rule 81 of the Rules of this Court. The respondent’s defence filed in the superior court was struck out as the same was not served upon the applicant’s advocates within seven days as mandated in Order VIII rule 1(2) of the Civil Procedure Rules. This is what we were told by both counsel before us. The defence was struck out on 15th August, 2001.

The notice of appeal sought to be struck out was lodged in the superior court on 22nd day of August, 2001. That was within the stipulated time. Copies of proceedings and ruling were applied for on 16th August, 2001. That was also within time. The advocates on record for the respondent were and still are Messrs. Asige Keverenge and Anyanzwa. By a letter dated 16th May, 2002 the s…

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