MALINDI AIR SERVICES & ANOTHER vs HALIMA ABDINOOR HASSAN [1999] KECA 169 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, LAKHA & BOSIRE, JJ.A.) CIVIL APPEAL NO. 152 OF 1999 BETWEEN

MALINDI AIR SERVICES ................................ 1ST APPELLANT JOHN M. CLEAVE ...................................... 2ND APPELLANT AND HALIMA ABDINOOR HASSAN .............................. RESPONDENT

(Appeal from the Ruling of the High Court of Kenya at Nairobi given by (Hon. Justice Mbogholi Msagha) on 6th August, 1998

in

H.C.C.C. NO. 1509 OF 1998) ************** RULING OF THE COURT

This is an application under rule 80 of the Rules of this Court to strike out Civil Appeal No. 152 of 1999 on the main ground that the Order included in the record is not the Order of the Court since para (c) of the Ruling is not reflected in the Order included in the record. Accordingly, the Order does not reflect the decision of the Court. The record, is therefore, incurably defective and renders the appeal incompetent. It is, therefore, struck out with costs including the costs of the Notice of Motion.

Made and delivered at Nairobi this 8th day of December, 1999.

R.O. KWACH

.............

JUDGE OF APPEAL

A.A. LAKHA

.............

JUDGE OF APPEAL

S.E.O. BOSIRE

...............

JUDGE OF APPEAL

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

DEPUTY REGISTRAR