Kamere & Co. Advocates v Cressswell, Mann & Dod Advocates [2002] KECA 237 (KLR)

IN THE COURT OF APPEALAT NAKURU (CORAM: OMOLO, TUNOI & OWUOR, JJ.A)

CIVIL APPEAL(APPLICATION) NO. 304 OF 2000BETWEEN

KAMERE & CO. ADVOCATES ..................APPLICANT/RESPONDENT AND           CRESSWELL, MANN & DOD ADVOCATES .........RESPONDENT/APPELLANT(An application to strike out an appeal from the Judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimiat) dated 17th May, 2000

in H.C.C.C NO. 542 OF 1996(O.S) ******************RULING OF THE COURT

The originating summons before the superior court was brought under Order 52 Rule 7 and 10 of the Civil Procedure Rules. An appeal would lie as of right only under rules 4, 5, 6 and 6A of that order. One, therefore, requires the leave of the superior court or of this Court to be able to mount a competent appeal under the remaining rules of the order. Mr. Kimani for the respondent concedes that they did not obtain leave.The Court, accordingly, has no jurisdiction to hear the appeal or even to determine whether the appeal was or was not lodged in time. We allow the notice of motion lodged in this Court on 23rd August, 2001 and order that Civil Appeal No. 304 of 2000lodged in the court on 27th October, 2001 be and is hereby struck out with costs. We award the costs of the motion to strike out the appeal to the applicant.

Dated and delivered at Nakuru this 20th day of September, 2002.

R.S.C OMOLOJUDGE OF APPEALP. K. TUNOIJUDGE OF APPEALE. OWUORJUDGE OF APPEAL

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

DEPUTY REGISTRAR