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…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is hereby struck…

…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…

…that appeal had been lodged, survived as it could not be struck out along with the appeal.…

…He then struck out the application with costs for the respondent. But what was the decision of Omolo, JA which was upheld by the full court?…

…It was that the application then before him for extension of time to file the appeal, be struck out on the ground that the application was incompetent as it did not fulfil a precondition previously ordered by the court for…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is hereby struck…

…It is my finding that the applicant has no locus standi to bring this application and it is hereby struck out. Each party to meet their own costs.…

…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…