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Original judgment

Phillip Wamacho Chemiati, Wafula Chemiati & Paul Wepukhulu v Charles Nakitare

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: LAKHA, PALL JJ.A & BOSIRE AG. JA) CIVIL APPEAL/APPLICATION NO.186 OF 1991 PHILLIP WAMACHO CHEMIATI WAFULA CHEMIATI PAUL WEPUKHULU .................................... APPELLANT AND CHARLES NAKITARE .................................. RESPONDENT (Appeal from judgment of the High Court of Kenya at Eldoret (D.K.S. AGANYANYA) dated 10th September, 1990 in H.C.C.C. NO. 80 OF 1977 **************** ORDER OF THE COURT The record of appeal does not include a certified copy of decree, as is mandatorily required by rule 85(1) (h) of the Rules of this court. This appeal is therefore incurably defective. It is therefore incompetent and is ordered struck out but with no order as to costs, as the legal representatives of the deceased respondent had not been substituted. Dated and delivered at Nakuru this 20th day of February, 1997. A.A. LAKHA ............... JUDGE OF APPEAL G.S. PALL ............... JUDGE OF APPEAL S.E.O. BOSIRE ................ AG. JUDGE OF APPEAL I certify that this is a true copy of the original.

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DEPUTY REGISTRAR

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