ASSOCIATED ARCHITECTS vs ALL AFRICA CONFERENCE OF CHURCHES [1997] KECA 279 (KLR)

REPUBLC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: KWACH, AKIWUMI & TUNOI, JJ.A.

CIVIL APPEAL NO. 8 OF 1992BETWEENASSOCIATED ARCHITECTS ................................ APPELLANTANDALL AFRICA CONFERENCE OF CHURCHES .................... RESPONDENT(Appeal from the judgment of the High Court of Kenya at Nairobi (Justice Aragon) dated 9th January, 1990 in H.C.C.C. NO. 4423 OF 1988) **************RULING OF THE COURT

The record of appeal does not contain as mandatorily required by R.85 (1)(h) a certified copy of the decree appealed against. This makes the appeal incurably defective and therefore incompetent. It is hereby struck out but with no order as to costs. It is so ordered.

Dated and delivered at Nairobi this 17th day of January, 1997.

R.O. KWACH ................... JUDGE OF APPEAL A.M. AKIWUMI ................... JUDGE OF APPEAL P.K. TUNOI ................... JUDGE OF APPEAL I certify that this is a true copy of the original. ................................. DEPUTY REGISTRAR