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…THE COMMISSIONER OF LANDS ........................RESPONDENTS (Application for leave to file and serve Notice and Record of appeal out of time in an intended appeal from a Ruling & Order of the High Court of Kenya at Meru…

…NO. 99 OF 1996) **************** R U L I N G There is before me a motion on notice under rule 4 of the Rules of this Court (the Rules) seeking an extension of time to file and serve a notice and a record of appeal from the…

…of appeal was adulterated and confused with multiple records of appeal being in existence.…

…of appeal that was in the High Court.…

…The record of appeal before us is incomplete and, having regard to our rules, defective.…

…The summing up notes are not included in the record of appeal, and section 322 (1) of the Criminal Procedure Code was not complied with.…

…The applicant filed an appeal against that decision (Civil Appeal No.113/91), That appeal was struck out by the Court on 7th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against…

…Gross, learned counsel for the applicant, freely, and quite properly, admits that the exclusion of a certified copy of the order from the record of appeal was entirely his own fault.…

…Nganga's contention that the case against the appellant was hinged on suspicion. 12.We have considered these rival submissions and read the record of appeal.…

…notwithstanding, however, if, after re-evaluation of the evidence, the appellate court is satisfied that the same does not justify a conviction, it has to interfere with it. 13.In discharge of our said duty, we havecarefully read the record…

…A. 36 of 2007 and the record of Appeal was duly served upon the Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006…

…A. 36 of 2007 and the record of Appeal was duly served upon the Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006…