Alson Retreading Co. Ltd, Abdulmalik Fazal Lakha, Sadrudin Fazal Lakha & Azizudin Fazal Lakha v Stan Luchebeleli & Kalamka Limited [2001] KECA 116 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEALAT KISUMU

CORAM: GICHERU, TUNOI & LAKHA, JJ.A.

CIVIL APPLICATION NO. NAI 296 OF 2000 (KSM. 52/2000)BETWEENALSON RETREADING CO. LTD.ABDULMALIK FAZAL LAKHA ..................... APPLICANTSSADRUDIN FAZAL LAKHAAZIZUDIN FAZAL LAKHAANDSTAN LUCHEBELELIKALAMKA LIMITED .................................... RESPONDENTS(An application to strike out the notice of appeal against a ruling & order of the High Court of Kenya at Kisumu (Wambilyangah J) dated 9th February, 2000 in KSM.H.C.C.C. NO. 257 OF 1999) ********************RULING OF THE COURT

The Notice of Appeal sought to be struck out was lodged and served on applicants on 18-2-2000. From the certificate of delay dated 15-5-2000 the respondents received copies of the proceedings and ruling on 15-5-2000. Todate no appeal has been lodged. Consequently, an essential step in the proceedings has not been taken within the prescribed time and in the result, we grant the applicant's application and strike out the Notice of Appeal lodged in this Court on 18th February, 2000. The costs of this application are awarded to the applicants.

Dated and delivered at Kisumu this 21st day of March, 2001. J. E. GICHERU---------------JUDGE OF APPEALP. K. TUNOI---------------JUDGE OF APPEALA. A. LAKHA---------------JUDGE OF APPEAL

I certify that this is a true copy of the original. DEPUTY REGISTRAR