Samvir Trustees Limited v Guardian Bank Limited [2000] KECA 356 (KLR)

IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, OMOLO & SHAH,JJ.A. CIVIL APPEAL NO. 235 OF 1999 BETWEEN SAMVIR TRUSTEES LIMITED ................................APPELLANT AND GUARDIAN BANK LIMITED ..................................RESPONDENT

(Appeal from the ruling and order of the High Court of Kenya at Nairobi (Oguk J) dated 8th July, 1999 in H.C.S.C. NO. 795 OF 1997) ******************** RULING OF THE COURT

Mr Billing for the respondent concedes the two points raised by the applicant in their motion, namely, that the appeal was filed out of time without leave and that an essential document has been left out of the record of appeal. That being so, the appeal is incompetent and we order that it be and is hereby struck out with costs. We award the costs of the motion to the applicant. Dated and delivered at Nairobi this 12th day of October, 2000.

J. E. GICHERU-------------------

JUDGE OF APPEALR. S. C. OMOLO-------------------JUDGE OF APPEALA. B. SHAH-------------------JUDGE OF APPEAL

I certify that this is

a true copy of the original. DEPUTY REGISTRAR