Osienyo Onyiko v Justo Okuku, Joshua Okuku & Mohamed Wanga [1995] KECA 61 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU

CIVIL APPEAL 89 OF 1994

OSIENYO ONYIKO…………….......................………………APPELLANT

AND

JUSTO OKUKU

JOSHUA OKUKU

MOHAMED WANGA………..........................………….…RESPONDENTS

(Appeal from the judgement and decree of the High Court of Kenya at Kakamega (Justice  J.L.A. Osiemo) dated 24th September, 1991

IN

CIVIL CASE NO. 81 OF 1984)

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RULING OF THE COURT

This appeal does not include in its record a certified copy of the Decree against which it is sought to appeal. This contravenes Rule 85 (1) of the Rules and renders the appeal incompetent. Since it is not a document that is expressly empowered to be included in a supplementary record if omitted as specified in Rule 2A of Rule 85, the defect is incurable.

Accordingly, it follows that the appeal must be and is hereby struck out with costs to the Respondents.

Dated and delivered at Kisumu this 21st day of March, 1995.

P.K. TUNOI

………………………

JUDGE OF APPEAL

A.B. SHAH

………………………..

JUDGE OF APPEAL

A.A. LAKHA

………………………..

JUDGE OF APPEAL