Case Metadata |
|
| Case Number: | civ app 48 of 99 |
|---|---|
| Parties: | IPA LABORATORIES LIMITED vs NATURE PHARMACY LIMITED |
| Date Delivered: | 30 Nov 1999 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | |
| Judge(s): | Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Richard Otieno Kwach |
| Citation: | IPA LABORATORIES LIMITED vs NATURE PHARMACY LIMITED[1999] 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
IPA LABORATORIES LIMITED .............................. APPELLANT
AND
NATURE PHARMACY LIMITED ............................... RESPONDENT
RULING OF THE COURT
It is not in dispute that the defence to the counterclaim (which is an admitted pleading) is not included in the record in breach of mandatory provisions of rule 85(1)(c) of the Rules of this Court. This renders the record incurably defective and incompetent. Accordingly, the appeal is struck out as incompetent with costs.
Made and delivered at Nairobi this 30th day of November, 1999.
R.O. KWACH
.................
JUDGE OF APPEAL
P.K. TUNOI
.....................
JUDGE OF APPEAL
A.A. LAKHA
......................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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