KASYI SURVITEX LIMITED vs KITALE MUNICIPAL COUNCIL,SAPAMO CONSULTANTS [2003] KECA 112 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MALINDI

civil misc appl 197 of 02

KASYI SURVITEX LIMITED ........................................... APPLICANT

AND

KITALE MUNICIPAL COUNCIL

SAPAMO CONSULTANTS ............................... RESPONDENTS

(Being an application to strike out the notice of appeal in an intended appeal from a judgment of the High Court of Kenya at Mombasa (Comm Khaminwa) dated 10th May, 2002

in

H.C.C.C. NO. 384 OF 1993)

RULING OF THE COURT

The Notice of Appeal sought to be struck out was served on the applicant on 12-6-02 clearly outside the prescribed period of 7 days under rule 76 (1) of the Court of Appeal Rules the same having been lodged in the superior court on 24th May, 2002. An essential step in the proceedings was therefore not taken under the provisions of rule 80 of the Rules of this Court . In the result the said Notice of Appeal is struck out with costs to the applicant.

Made at Mombasa this 23rd day of January, 2003.

J. E. GICHERU

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JUDGE OF APPEAL

P. K. TUNOI

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JUDGE OF APPEAL

A. A. LAKHA

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JUDGE OF APPEAL

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

DEPUTY REGISTRAR