REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: GICHERU, LAKHA & KEIWUA, JJ.A)
CIVIL APPEAL NO. 215 OF 1999
BETWEEN
SAMUEL NDURA KANYARA ................................ APPELLANT
AND
MARY NJAMBI ......................................... RESPONDENT
(Appeal from an order of the High Court of Kenya at
Counsel for the respondent applies that the appeal herein be struck out because the order appealed from is not included in the record of appeal and that the appeal has been brought without leave in that the application for leave had been made outside the fourteen days allowed for that purpose.
Dated and delivered at Nakuru this 26th day of September, 2001.
J.E. GICHERU
A.A. LAKHA
M. Ole KEIWUA
I certify that this is a true copy of the original.
Eldoret (Mr. Justice Anganyanya) dated 3rd February,
1994
in
H.C.C. APPEAL NO. 152 OF 1993)
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RULING OF THE COURT
We agree that the order appealed from is not in the record of appeal. We also see that the appellant did not have leave of the superior court to appeal to this Court because his application for leave dated June 29, 1994 had not been granted by the learned Judge who instead enlarged time within which to appeal. We therefore uphold the objection by the respondent that the appeal be struck out for being incompetent and we strike out the same with no order as to costs.
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JUDGE OF APPEAL
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JUDGE OF APPEAL
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JUDGE OF APPEAL
DEPUTY REGISTRAR