Gateway Insurance Co. Limited v Joseph Kinyanjui Haron [2001] KECA 66 (KLR)

REPULIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

CORAM: GICHERU, LAKHA & KEIWUA JJ.A

CIVIL APPLICATION NO. NAI.62 OF 2001

BETWEENGATEWAY INSURANCE CO. LIMITED ................................................ APPLICANTANDJOSEPH KINYANJUI HARON ......................................................... RESPONDENTAn application to strike out Notice of Appeal against the Judgment & Decree of the High Court of Kenya at  Kitale (Lady Justice Nambuye) dated 25th November,

1999

in

H.C.C. APPEAL NO. 87 OF 1997)

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RULING OF THE COURT This is an application under rule 80 of the Court of Appeal Rules. It seeks to have the Notice of Appeal filed in the superior court on March 6, 2000 struck out because the respondent has failed to file the appeal within the stipulated sixtyI td ayhsa.s been confirmed by both counsel that copies of proceedings have not been supplied to the respondent by the court to enable him mount an appeal. In those circumstances we are of the view that the application has no basis because the time within which to file the appeal in this Court has not rAucnc oroduitn.gly we dismiss the application with costs.

Dated and delivered at Nakuru this 26th day of September, 2001. J.E. GICHERU ............ JUDGE OF APPEAL

A.A. LAKHA ............. JUDGE OF APPEAL

M. OLE KEIWUA ............ JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR