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…On 17th May, 1996 he sought and obtained leave of this Court to amend his Notice of Motion so as to include a prayer for extension of time within which to lodge the requisite Notice of Appeal.…

…He on the same day filed the amended Notice of Motion which now included a prayer for extension of time within which to lodge the Notice of Appeal.…

…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…

…Counsel for the appellant concedes this Motion but leaves the question of costs to the Court. In the result we order that this appeal be and is hereby struck out with costs to the respondent.…

…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…

…The respondents will have the costs of both the appeal and the motion. Dated and delivered at Nairobi this 23rd day of September, 1996. R. O. KWACH ……………………… JUDGE OF APPEAL A. M. AKIWUMI ……………………….. JUDGE OF APPEAL A.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…Kowade on this motion. It was submitted by Mr.…

…The applicant has explained the delay from 25th October, 1995 to 21st May, 1996, when he filed this motion, to ill health and since he appears to be acting in person, I think it is excusable.…

…Nzei for respondent Court Clerk Muli RULING Two notices of motion were filed and argued together. One was brought by the appellant in this appeal file.…

…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…

…The Notice of Motion should therefore be dismissed.…