REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: GICHERU, TUNOI & LAKHA, JJ.A.
ALSON RETREADING CO. LTD.
ABDULMALIK FAZAL LAKHA ..................... APPLICANTS
SADRUDIN FAZAL LAKHA
AZIZUDIN FAZAL LAKHA
AND
STAN LUCHEBELELI
KALAMKA LIMITED .................................... RESPONDENTS
(An application to strike out the notice of appeal
RULING OF THE COURT
CIVIL APPLICATION NO. NAI 296 OF 2000 (KSM. 52/2000)
BETWEEN
against a ruling & order of the High Court of Kenya
at Kisumu (Wambilyangah J) dated 9th February, 2000
in
KSM.H.C.C.C. NO. 257 OF 1999)
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The Notice of Appeal sought to be struck out was lodged and served on applicants on 18-2-2000. From the certificate of delay dated 15-5-2000 the respondents received copies of the proceedings and ruling on 15-5-2000. Todate no appeal has been lodged. Consequently, an essential step in the proceedings has not been taken within the prescribed time and in the result, we grant the applicant's application and strike out the Notice of Appeal lodged in this Court on 18th February, 2000. The costs of this application are awarded to the applicants.
Dated and delivered at Kisumu this 21st day of March, 2001.
J. E. GICHERU
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JUDGE OF APPEAL
P. K. TUNOI
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JUDGE OF APPEAL
A. A. LAKHA
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR