KENYA ROYAL MEDIA SERVICES LTD. vs KENYA TELEVISION NETWORK LTD. [1999] KECA 159 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL NO. 171 OF 1995 BETWEEN

ROYAL MEDIA SERVICES LTD. .............................. APPELLANT AND KJENYA TELEVISION NETWORK LTD. ......................... RESPONDENT

(Appeal from the Ruling and Order of the High Court of Kenya at Nairobi(Justice Hayanga) dated the 24th day of May, 1995 in H.C.C.C. NO. 1058 OF 1995) *************** ORDER OF THE COURT

This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the ground that the notice of appeal was not served on all intended parties. Dr. Kuria for the respondent concedes very properly in our view that the application should succeed. That being so, the notice of appeal and the appeal abovementioned are struck out with costs of the appeal and this application.

Made at Nairobi this 29th day of July, 1999.

J.E. GICHERU .................. JUDGE OF APPEAL

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

E.OWUOR .................. JUDGE OF APPEALI certify that this is a true copy of the original.

DEPUTY REGISTRAR