Case Metadata |
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| Case Number: | Civil Appeal 89 of 1994 |
|---|---|
| Parties: | Osienyo Onyiko v Justo Okuku, Joshua Okuku & Mohamed Wanga |
| Date Delivered: | 21 Mar 1995 |
| Case Class: | Civil |
| Court: | Court of Appeal at Kisumu |
| Case Action: | Ruling |
| Judge(s): | Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha |
| Citation: | Osienyo Onyiko v Justo Okuku & 2 others [1995] eKLR |
| Case History: | (Appeal from the judgement and decree of the High Court of Kenya at Kakamega (Justice J.L.A. Osiemo) dated 24th September, 1991 in CIVIL CASE NO. 81 OF 1984) |
| Court Division: | Civil |
| County: | Kisumu |
| History Docket No: | CIVIL CASE NO. 81 OF 1984 |
| History Judges: | John Luka Osiemo |
| History County: | Kakamega |
| Case Outcome: | Appeal struck out |
| 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 OF KENYA
AT KISUMU
OSIENYO ONYIKO…………….......................………………APPELLANT
AND
JUSTO OKUKU
JOSHUA OKUKU
MOHAMED WANGA………..........................………….…RESPONDENTS
(Appeal from the judgement and decree of the High Court of Kenya at Kakamega (Justice J.L.A. Osiemo) dated 24th September, 1991
IN
CIVIL CASE NO. 81 OF 1984)
*************************
RULING OF THE COURT
This appeal does not include in its record a certified copy of the Decree against which it is sought to appeal. This contravenes Rule 85 (1) of the Rules and renders the appeal incompetent. Since it is not a document that is expressly empowered to be included in a supplementary record if omitted as specified in Rule 2A of Rule 85, the defect is incurable.
Accordingly, it follows that the appeal must be and is hereby struck out with costs to the Respondents.
Dated and delivered at Kisumu this 21st day of March, 1995.
P.K. TUNOI
………………………
JUDGE OF APPEAL
A.B. SHAH
………………………..
JUDGE OF APPEAL
A.A. LAKHA
………………………..
JUDGE OF APPEAL
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