Case Metadata |
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Case Number: | civ app 268 of 98 |
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Parties: | KIRIMI M'MUNA vs PETER RIUNGU |
Date Delivered: | 28 Oct 1999 |
Case Class: | Civil |
Court: | Court of Appeal at Nyeri |
Case Action: | |
Judge(s): | Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Richard Otieno Kwach |
Citation: | KIRIMI M'MUNA vs PETER RIUNGU[1999] eKLR |
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
COURT OF APPEAL AT NYERI
civ app 268 of 98
KIRIMI M'MUNA.......................................APPELLANT
AND
PETER RIUNGU........................................RESPONDENT
ORDER OF THE COURT
The "Order" against which this appeal is filed is undated and drawn up in a total disregard of what a "decree" should read. This is a primary document. In addition there is no certified copy of the decree of the Magistrate's Court. This again is a primary document to be included in the record of appeal under rule 85(2) of the Rules of this Court as read with rule 85(1) and rule 85(2A) cannot permit lodgment of such document by way of a supplementary record. It is on these basis that we refuse to grant the adjournment sought. The appeal being incompetent an adjournment will not help. This appeal is struck out but with no order as to costs.
Made and dated at Nyeri this 28th day of October, 1999.
R.O. KWACH ..................
JUDGE OF APPEAL
A.M. AKIWUMI .................
JUDGE APPEAL
A.B. SHAH ..................
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR.