DILIP KUMAR PREMCHAND SHAH & BHUPENDRA KUMAR PREMCHAND SHAH vs SUNCITY PROPERTIES LIMITED & INTERCOM INSURANCE LTD [2000] KECA 156 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

CIVIL MISC APPL 305 OF 99

1. DILIP KUMAR PREMCHAND SHAH

2. BHUPENDRA KUMAR PREMCHAND SHAH ................. APPLICANTS

AND

1. SUNCITY PROPERTIES LIMITED

2. INTERCOM INSURANCE LTD ......................... RESPONDENTS

RULING OF THE COURT

This is an application under rule 80 of the Court of Appeal Rules to strike out the Notice of Appeal filed by Suncity Properties Limited , the first respondent, on 10th August, 1990. Although the first respondent has not appeared by counsel or otherwise, it is evident that it has taken no steps at all to file an appeal. In the circumstances we allow the application and strike out the Notice of Appeal dated 8th August, 1990 with no order as to costs.

Dated and delivered at Nairobi this 26th day of July, 2000.

R. O. KWACH

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JUDGE OF APPEAL

S.E.O. BOSIRE

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JUDGE OF APPEAL

M. KEIWUA

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JUDGE OF APPEAL

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

DEPUTY REGISTRAR