Case Metadata |
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| Case Number: | civil appl no. nai. 89 of 97 |
|---|---|
| Parties: | WILSON ORITO OMUSINA vs JOHN KIMOSOP MAINA,JAMES MUKOTSWE & MUMIAS SUGAR COMPANY LTD |
| Date Delivered: | 06 Apr 1997 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | |
| Judge(s): | Samuel Elikana Ondari Bosire |
| Citation: | WILSON ORITO OMUSINA vs JOHN KIMOSOP MAINA & 2 OTHERS[1997]eKLR |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| 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
REPUBLIC OF KENYA
AT NAIROBI
CORAM: (BOSIRE AG. JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 89 OF 1997
BETWEEN
WILSON ORITO OMUSINA ....................................APPLICANT
AND
1. JOHN KIMOSOP MAINA
2. JAMES MUKOTSWE
3. MUMIAS SUGAR COMPANY LTD .........................RESPONDENT
(Being an application for extension of time to serve
notice of appeal out of time in an intended appeal
from the judgement of the High Court of Kenya at
Nairobi (Justice Mbogholi-Msagha dated 16th
December, 1992
in
H.C.C.C. NO. 3265 OF 1985
*********************
RULING
Miss J.A. Guserwa, Counsel on record for the applicant has applied for leave to withdraw this application on the ground that the Notice of Appeal sought to be served out of time was not filed by the applicant but a different person who was also a party in the judgment already appealled against. Mr Balala for the respondents does not have any objection. In the circumstances and for the reasons given by Counsel for the applicant I grant the leave sought and order that the application be marked as withdrawn. The respondent shall have the costs of the application assessed at Kshs.2,000/=.
Dated at Nairobi this 4th day of June 1997.
S.E.O. BOSIRE
......................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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