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…for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of the Court of appeal Rules asking this court to strike out the notice of appeal filed by the advocates for Harry Lewis Nangurai…

…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…

…Unfortunately the initial letter the registrar dated July 22, 1980 was not copied to the respondent to the intended appeal or their advocate as Rule 81 (2) requires. Held: 1.…

…Unfortunately the initial letter to the registrar applying for the certified copies was not copied to the respondent to the intended appeal (that is Esso) or their advocates as rule 81(2) requires.…

…On 1st March,1990 the defendant's advocates wrote to the plaintiff companyquestioning the sale of the vehicle at shs. 950,000/= while thevalue was shs. 1.3 million.…

…Advocates. The defendant then came to know that hisvehicle had been sold vide a letter dated 24th January, 1990 '(Exhibit G).…

…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…

…In response to that argument the applicants advocate relied on the case of MUKISA BISCUIT MANUFACTURING CO.…

…On September 21 the advocates for the parties agreed the hearing should continue or begin de novo on February 6 this year. Ajit, the second appellant, died in London on October 24, 1983.…

…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…

…Oluoch made orders that the preliminary objection by Wangondu & company Advocates for the defendants be heard first.…

…The advocates of the plaintiff later advised him that he could not succeed, and the plaint was withdrawn and judgement on the counterclaim was given in favour of the defendant.…