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…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & PALL JJ.A) CIVIL APPEAL NO.54 OF 1994 BETWEEN GABRIEL NYANGATE.............................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.…

…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…

…The Council has not appealed and has been joined as a second respondent in this appeal. The appellant’s memorandum of appeal contains 6 grounds of appeal and I propose to deal with them in their numerical order.…

…This ground of appeal accordingly fails.…

…NO. 2867 OF 1989) ********** R U L I N G This 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…

…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…

…The reason why the Notice of Appeal was not filed within the prescribed time is stated by Mr. Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary.…

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

…Whatever the merits of the intended appeal may be we see no cause or reason now to grant the prayers sought in this application which is dismissed with costs.…

…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…

…The judgment which is intended to be appealed against was given on 13th October, 1997 and no notice of appeal was filed within the time prescribed. Even on the basis of Mr.…

…That order has neither been appealed against, set aside nor reviewed on the instigation of the applicant.…

…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…