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Original judgment

Walter Kibunja Kahia v Kahia Karua

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CORAM: KWACH, OMOLO & O’KUBASU, JJ.A CIVIL APPLICATION NO. NAI. 123 OF 2000 (4/2000) BETWEEN CHRISTOPHER MWANGI KIBUNJA substituted for WALTER KIBUNJA KAHIA...........................................................APPLICANT AND JAMES WACHIRA KAHIA substituted for KAHIA KARUA...............................................................................RESPONDENT (Application to strike out the Notice of Appeal from an order of the High Court of Kenya at Nyeri (Tunoi, J) dated 12th October, 1990 in H.C.C.C. NO. 60 OF 1987) ***************** RULING OF THE COURT The application to strike out the notice of appeal is not opposed. Indeed it could not have been opposed in the circumstances. We allow the application and strike out the notice of appeal dated the 12th October, 1990 and lodged in court on 18th October, 1990. We make no order as to costs. Dated and delivered at Nyeri this 27th day of October, 2000.

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R.O. KWACH ---------------------JUDGE OF APPEAL R.S.C. OMOLO ----------------------JUDGE OF APPEAL E. O’KUBASU ----------------------JUDGE OF APPEAL certify that this is a true copy of the original. DEPUTY REGISTRAR

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