JOHN KANANDA & OTHERS vs HARAMBEE CO-OP SOCIETY LTD [1999] KECA 41 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL

AT NAIROBI

CORAM: OMOLO, TUNOI & SHAH, JJ.A.

CIVIL APPEAL NO. 259 OF 1998

BETWEEN

JOHN KANANDA & OTHERS ................................APPELLANTS

AND HARAMBEE CO-OP SOCIETY LTD ...........................RESPONDENT

(Appeal from an order of the High Court of Kenya at Nairobi (Amin J) dated 2nd September, 1998

inH.C.C.C. NO. 267 OF 1998)********************** ORDER OF THE COURT

The order appealed against obviously required the leave of the Judge to enable the appellant mount a valid appeal.

The appeal is clearly incompetent and though Mr. Khamala asks us to adjourn the matter to enable his senior to appear. We cannot see how her presence will change the position. The appeal being incompetent, we order that it be and is hereby struck out but with no order as to costs.

Made at Nairobi this 28th day of April, 1999.

R. S. C. OMOLO --------------- JUDGE OF APPEAL

P. K. TUNOI --------------- JUDGE OF APPEAL

A. B. SHAH --------------- JUDGE OF APPEAL

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