Skip to content
Judgment[1996] KECA 1431 min read

B.R. Aggarwal v Munshiram & Company Limited

Court of Appeal at Nairobi · · JUDGE APPEAL, Justice

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. .......................................

DEPUTY REGISTRAR

    B.R. Aggarwal v Munshiram & Company Limited [1996] KECA 143