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PAUL WEPUKHULU & 2 OTHERS vs CHARLES NAKITARE [1997] KECA 139 (KLR)

[1997] KECA 139 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
139
Citation
[1997] KECA 139 (KLR)
Decided
14 July 1997
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court judgmentCoramA.A. LAKHA, G.S. PALL, S.E.O. BOSIRE, AG. JUDGE OF APPEAL
Holding

The appeal is ordered struck out but with no order as to costs.

Facts

The appeal involves a deceased respondent whose legal representatives were not substituted, and the record of appeal does not include a certified copy of the decree.

Issues

  1. Defect in the record of appeal due to the lack of a certified copy of the decree
  2. Incompetence of the appeal due to the failure to comply with court rules

Reasoning

The court found the appeal to be incurably defective due to the absence of a certified copy of the decree and the failure to substitute the legal representatives of the deceased respondent.

Outcome

The appeal is struck out.

Orders

  • The appeal is struck out
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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