BETWEEN
GATEWAY INSURANCE CO. LIMITED ................................................ APPLICANT
AND
JOSEPH KINYANJUI HARON ......................................................... RESPONDENT
An application to strike out Notice of Appeal against the Judgment & Decree of the High Court of Kenya at
Kitale (Lady Justice Nambuye) dated 25th November,
RULING OF THE COURT
This is an application under rule 80 of the Court of Appeal Rules. It seeks to have the Notice of Appeal filed in the superior court on March 6, 2000 struck out because the respondent has failed to file the appeal within the stipulated sixtyI td ayhsa.s been confirmed by both counsel that copies of proceedings have not been supplied to the respondent by the court to enable him mount an appeal. In those circumstances we are of the view that the application has no basis because the time within which to file the appeal in this Court has not rAucnc oroduitn.gly we dismiss the application with costs.
Dated and delivered at Nakuru this 26th day of September, 2001.
I certify that this is a true copy of the original.
DEPUTY REGISTRAR