Trimborn Agricultural Engineering Limited v David N. Kabaiko, Kenya Shield Security Limited & Stephen Kiriago T/A Hot Guard Security Service [2000] KECA 105 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

CIVIL MISC. APPLI. 103 OF 2000

BETWEEN

TRIMBORN AGRICULTURAL ENGINEERING LIMITED..........................APPLICANT

AND

1. DAVID N. KABAIKO

2. KENYA SHIELD SECURITY LIMITED

3. STEPHEN KIRIAGO T/A HOT GUARD SECURITY SERVICE.........RESPONDENT

RULING OF THE COURT

By a notice of motion dated 5 April, 2000 the applicant applied that his Notice of Appeal dated and filed on 25 June, 1996 be struck out. Mr. Miyienda, for the 1st respondent, and Mr. Kagucia, for the 2nd respondent, do not object. In these circumstances the order of the court is that the said notice be and is hereby struck out with costs to the respondents.

Made and delivered at Nakuru this 29th day of September, 2000.

P. K. TUNOI

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

JUDGE OF APPEAL

A. A. LAKHA

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

JUDGE OF APPEAL

M. KEIWUA

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

JUDGE OF APPEAL

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

DEPUTY REGISTRAR.