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…It is hereby struck out. The Appellant will pay Shs.5,000/= as the Respondent's costs of the appeal payable within 7 days. Dated and delivered at Nairobi this 24th day of October, 1996. R.O. KWACH ...............…

…is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck…

…out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules.…

…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…

…In the result the application succeeds and the appeal is hereby struck out as it is clearly incompetent. The respondents will have the costs of both the appeal and the motion.…

…The appeal before us is incompetent as having been filed without any legal basis and we accordingly order that it be and is hereby struck out. Those shall be the orders of this Court.…

…Deputy Public Prosecutor, Mr Chunga, has eloquently argued that the contents of the statement and the applicant’s affidavit in support being merely hearsay evidence the application is incompetent and should be refused or struck…

…out because no proven facts have been laid before the Court which establish that the applicant’s prosecution will be an abuse of the process of the Court, vexatious and oppressive to exercise the Court’s discretion thereon…

…If she had thought that the matter was not properly before the Court, she would, no doubt, have struck out the application for injunction, for an injunction can only issue on a matter properly before a Court.…