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…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike out record…

…of appeal in an appeal from the ruling and order of the High Court of Kenya at Mombasa (Maraga J) dated 11th June, 2004 in H.C.C.C.…

…The record of appeal was filed on June 7, 2001 and served on the respondent on August 8, 2001 while this application for extension of time was not filed in Court until October 31, 2001.…

…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…

…grounds that he was not served with Notice of Appeal within time which was file on 14th May, 1982 and should have been served within 7 days (rule 76 (1); secondly, the respondent was also not served with the Memorandum of…

…Appeal and the record of Appeal within seven days after lodging it on 14th July, 1982 (rule 87 (1).…

…The record of appeal before us is incomplete and, having regard to our rules, defective.…

…The summing up notes are not included in the record of appeal, and section 322 (1) of the Criminal Procedure Code was not complied with.…

…This should be lodged within 7 days hereof and the record of appeal shall be filed within 21 days thereafter. The costs occasioned by this reference shall be in the intended appeal in any event.…

…Further, the applicant be at liberty upon fulfilling the condition on deposit of security for due performance of the decree within the stipulated period to file the record of appeal and have it served upon the respondent…

…On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant…

…On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant…

…It is not an issue which this court can decide, as the proposed mortgage has not been included in the record of appeal; but it is apparently referred to in paragraph 6 of the appellants affidavit ( filed on February 4, 1986…