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…Accordingly, the appeal is struck out with costs. Dated and delivered at Nairobi this 15th day of February, 1996. J. E. GICHERU ............................ JUDGE OF APPEAL P. K. TUNOI ...............................…

…The appellant's appeal is therefore incompetent and the same is struck out. Dated and delivered at Nairobi this 19th day of December, 1995. J.E. GICHERU …………………….. JUDGE OF APPEAL R.S.C.…

…out. (2)AND that the co sts of and incidental to this application as well as the Notice of Motion dated 12th November, 1997 of the Appellant and the Civil Appeal No. 160 of 1997 be paid by the Appellant to the Respondent…

…. (3)That the Notice of Motion filed by the Appellant on 12 th November, 1997 seeking leave to amend its Notice of Appeal be also struck out and/or dismissed with costs and for the further order that the purported Consent…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…It was contended therefore that this appeal is incompetent and should be struck out.…

…In the circumstance we allow the application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to…

…Justice Rauf struck out the plaint in the superior court whilst holding that the plaint did not set out important averments relating to alleged inducing of breach of contract.…

…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…

…When the appeal came up for hearing on the 13th day of November, 1997, this time with the supplementary record, the court struck the same out as the appeal was not filed in time as extended by Muli J.A; it was not possible…

…Even this application was filed within two days after the appeal was struck out. I see no tardiness on the part of the applicant. Counsel erred genuinely as I have pointed out. The authorities cited by Dr.…

…raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against conviction was incompetent, invalid and could not lie and must therefore be struck…

…out.…

…He asked for his name to be struck out from the suit with costs. 8.…