IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, TUNOI & LAKHA, JJ.A)
CIVIL APPEAL NO. 59 OF 1991
BETWEEN
B.R. AGGARWAL Suing in his capacity as executor of Late Lekraj Aggarwal..................................................APPELLANT
AND
MUNSHIRAM & COMPANY LIMITED....................RESPONDENT
(Appeal from the Judgment of the High Court of Kenya at Nairobi (Mr. Justice C.S. Pall) dated 17th October, in
CIVIL CASE NO.1804 OF 1985)
*****************
RULING OF THE COURT
The record of appeal does not include a certified copy of the decree appealed against. This is in breach of the mandatory provision of Rule 85 (i)(h) of the Rules of this Court. It is a fatal omission and renders the record incurably incompetent. Accordingly, the appeal is struck out with costs.
Dated
and
delivered
at
Nairobi
this
15th
day
of
February,
1996.
J. E. GICHERU
............................
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. .......................................