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…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…

…In Alibai v Raichura 20 EACA 24; the headnote reads: “An Order is a formal expression of any decision of a Civil Court which is not a decree.…

…Those holdings were founded on a proper interpretation of section 66 of the Civil Procedure Act which confers a right of appeal from the High Court to this Court from “decrees and orders of the High Court”.…

…No. 17 of 1993) *************** ORDER OF THE COURT The record of appeal does not include a certified copy of decree as is mandatorily required by rule 35(1) (b) of the rules of this court.…

…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…

…1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree…

…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…

…APPELLANT AND AINEA FITA ................................................................................... 1ST RESPONDENT AYUB WASIKE & ANOTHER & ANOTHER ........................... 2ND RESPONDENT (Appeal from a Judgment and Decree…