Case Metadata |
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| Case Number: | Civil Appeal (Application) 150 of 2002 |
|---|---|
| Parties: | Kenya Tea Development Agency Ltd v Kabiro Ndaiga & Co. Advocates |
| Date Delivered: | 11 Nov 2002 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Effie Owuor |
| Citation: | Kenya Tea Development Agency Ltd v Kabiro Ndaiga & Co. Advocates [2002] eKLR |
| Case History: | (Application to strike out the Notice of Appeal and Record of Appeal in Civil Appeal No. 150 of 2002 being an Appeal from the Ruling/Orders of the High Court of Kenya at Nairobi by the (Honourable Justice Alnashir Visram) dated 18th day of December, 2001 in H.C. MISC. APPLICATION NO. 357 OF 2001) |
| Court Division: | Civil |
| Parties Profile: | Corporation v Corporation |
| County: | Nairobi |
| History Docket No: | H.C. MISC. APPLICATION 357 of 2001 |
| History Judges: | Alnashir Ramazanali Magan Visram |
| History County: | Nairobi |
| Case Outcome: | Application struck out |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, LAKHA & OWUOR, JJ.A.)
CIVIL APPEAL (APPLICATION) NO. 150 OF 2002
BETWEEN
KENYA TEA DEVELOPMENT AGENCY LTD. ......................APPELLANT
AND
KABIRO NDAIGA & CO. ADVOCATES ...........................RESPONDENT
(Application to strike out the Notice of Appeal and Record of
Appeal in Civil Appeal No. 150 of 2002 being an Appeal
from the Ruling/Orders of the High Court of Kenya at
Nairobi by the (Honourable Justice Alnashir Visram) dated
18th day of December, 2001
in
H.C. MISC. APPLICATION NO. 357 OF 2001)
*********************
RULING OF THE COURT
This is an application under rule 80 of the Rules of this Court to strike out the Record of Appeal filed on 17th June, 2002 as being filed outside the prescribed period. This is clearly so having regard to the Certificate of Delay which shows that necessary advice of readiness of the proceedings was sent by a letter dated 4th March, 2002. The last day for filing the record of appeal was 3rd May, 2002. In the absence of any enlargement of time the appeal was filed out of time. It is therefore struck out with costs including costs of the application.
Dated and delivered at Nairobi this 11th day of November, 2002.
P.K. TUNOI
...................
JUDGE OF APPEAL
A.A. LAKHA
....................
JUDGE OF APPEAL
E. OWUOR
..................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR
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