IN THE COURT OF APPEAL
AT KISUMU
(Coram: GICHERU, OMOLO & SHAH, JJ.A.)
CIVIL APPEAL NO.53 OF 1997
BETWEEN
JOSEPH INIMA. …………………………………APPELLANT
AND
MARITA MUSULUVE ………………………………RESPONDENT
(Appeal from the ruling of the High Court of Kenya at Kakamega (TANUI J.) Dated on 31ST October, 1996
In
H.C.C.C. NO.103 of 1996)
ORDER OF THE COURT:
This is an appeal against the refusal by the superior court (B.K. Tanui, J.) to extend time to file an appeal out of time. That intended appeal was against the decree and orders of the senior principle magistrate’s court at Kakamega in P.M.C.C. No. 83 of 1995. the appeal is also against the refusal by the learned judge to grant stay of execution of the said decree and orders. An appeal in this instance can only lie if leave to appeal was obtained.
There is yet another problem. A primary document, namely, chamber summons dated 23rd September, 1996 is not in record
Yet another problem is that the order appealed against is dated 29th November, 1996 whereas the orders were made on 31st October, 1996.
This appeal is therefore incompetent and is ordered struck out but with no order as to costs as the respondent did not move this court for such orders under rule 80 of the rules of this court.
Made at Kisumu this 16th day of June, 1998
J.E. GICHERU
JUDGE OF APPEAL
R.S.C. OMOLO
JUDGE OF APPEAL
A.B.SHAH
JUDGE OF APPEAL
I certify that this is
A true copy of the original.
Deputy registrar