Kenya Tea Development Agency Ltd v Kabiro Ndaiga & Co. Advocates [2002] KECA 269 (KLR)

IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL (APPLICATION) NO. 150 OF 2002

BETWEEN

KENYA TEA DEVELOPMENT AGENCY LTD. ......................APPELLANT

AND

KABIRO NDAIGA & CO. ADVOCATES ...........................RESPONDENT

(Application to strike out the Notice of Appeal and Record of Appeal in Civil Appeal No. 150 of 2002 being an Appeal from the Ruling/Orders of the High Court of Kenya at Nairobi by the (Honourable Justice Alnashir Visram) dated 18th day of December, 2001

in

H.C. MISC. APPLICATION NO. 357 OF 2001) *********************

RULING OF THE COURT

This is an application under rule 80 of the Rules of this Court to strike out the Record of Appeal filed on 17th June, 2002 as being filed outside the prescribed period. This is clearly so having regard to the Certificate of Delay which shows that necessary advice of readiness of the proceedings was sent by a letter dated 4th March, 2002. The last day for filing the record of appeal was3rd May, 2002. In the absence of any enlargement of time the appeal was filed out of time. It is therefore struck out with costs including costs of the application.

Dated and delivered at Nairobi this 11th day of November, 2002.

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

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

E. OWUOR .................. JUDGE OF APPEAL

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

DEPUTY REGISTRAR