Pan African Paper Mills Ltd, Salome Kiprop t/a Somget Traders, Salome Kiprop t/a Chamyet Women Group & Stephen; Chesire t/a Nyaru Saw Mills v Solid Brokers Limited & Pius K. Kidombo t/a Somget Traders) [2002] KECA 165 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: KWACH, LAKHA & OWUOR, JJ.A.)

CIVIL APPEAL NO. 134 OF 2000

BETWEEN

1. PAN AFRICAN PAPER MILLS LTD

2. SALOME KIPROP

t/a SOMGET TRADERS

3. SALOME KIPROP

t/a CHAMYET WOMEN GROUP

4. STEPHEN CHESIRE

t/a NYARU SAW MILLS............................................APPELLANTS

AND

1. SOLID BROKERS LIMITED

2. PIUS K. KIDOMBO t/a SOMGET TRADERS).................RESPONDENTS

(An appeal from the Ruling and order of the High Court of Kenya at Kisumu (Wambilyangah, J.) dated 18/5/1999

in

H.C.C.C. NO. 61 OF 1999)

*******************

RULING OF THE COURT:

Mr. Otieno complains (with leave of the Court) that the notice of appeal filed relates to two separate orders. The order extracted is also not properly drawn. We agree.

Accordingly, this appeal is incompetent as Mr. Nyagaka concedes that he has no answer to the objection raised. In the result, this appeal is struck out but with no order as to costs.

Dated and delivered at Kisumu this 13th day of March, 2002.

R.O. KWACH .............

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