Case Metadata |
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| Case Number: | civil misc appl 170 of 94 |
|---|---|
| Parties: | PETER KIMANI MWANGI vs KARANJA MUCHINJU |
| Date Delivered: | 09 Dec 1994 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | |
| Judge(s): | Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Mathew Guy Muli |
| Citation: | PETER KIMANI MWANGI vs KARANJA MUCHINJU [1994]eKLR |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
PETER KIMANI MWANGI....................................APPLICANT
AND
KARANJA MUCHINJU.......................................RESPONDENT
(Application to strike out Notice of Appeal filed on 31st
******************************
RULING OF THE COURT
AT NAIROBI
(Coram: Muli, Omolo & Tunoi, JJ.A.)
CIVIL APPLICATION NO. NAI. 170 OF 1994
BETWEEN
March, 1994 in an intended appeal from a judgment of the
High Court of Kenya at Nairobi (Ole Keiwua, J.) dated
17th March, 1994
in
H.C.C.C. NO. 3924 OF 1989)
The Notice of Appeal filed as far back as 24th March, 1994 was not followed by any steps or action to show that an appeal was contemplated. We see no purpose in trying to nurse the Notice of Appeal without seeing any steps having been taken following the filing of Notice of Appeal. Time has expired under the Rules and no useful purpose will be achieved by leaving this Notice of Appeal on the Record.
We agree with Mr. Muriithi that there is no option but to strike out the Notice of Appeal filed on 24th December, 1994. Accordingly the Notice of Appeal is hereby struck out with costs to the applicant.
Dated and delivered at Nairobi this 9th day of December, 1994.
M.G. MULI
JUDGE OF APPEAL
R.S.C. OMOLO
JUDGE OF APPEAL
P.K. TUNOI
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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