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…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…

…In the result we order that this appeal be and is hereby struck out with costs to the respondent. Dated and delivered at Nairobi this 9th day of December 1996 J. E. GICHERU ……………………. JUDGE OF APPEAL P. K.…

…It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M. AKIWUMI ……………………… JUDGE OF APPEAL A.A. LAKHA ……………………… JUDGE OF APPEAL S.E.O. BOSIRE ………………………….…