Euro Bank Limited v Dr Julius Gikonyo Kiano

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, PALL & OWUOR JJ.A.) CIVIL APPEAL NO. 125 OF 1998 BETWEEN EURO BANK LIMITED.......................................APPELLANT AND DR JULIUS GIKONYO KIANO.................................RESPONDENT (Appeal from a ruling and order of the High Court of Kenya at Nairobi (Hon. Mr. Justice J.M. Khamoni) dated 29th April, 1998 in H.C.C.C. NO.501 OF 1998) ***************** RULING OF THE COURT The respondent has applied by this notice of motion that this appeal be struck out as it does not carry a certified copy of the decree. But this appeal is not against any decree. It is against the ruling of the superior court dated 29th April, 1998. In fact the suit is still pending for trial in the superior court. There is no merit in this application. It is hereby dismissed with costs. Made this 21st day of October, 1998. J.E. GICHERU .................. JUDGE OF APPEAL G.S. PALL ................. JUDGE OF APPEAL E. OWUOR ................. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR