Case Metadata |
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| Case Number: | Civil Application Nai 237 of 2001 |
|---|---|
| Parties: | Victor Caetano D'souza, Camilla Frances D'souza, Prithpal Singh Chada, Harbans Kaur Chada (as Executrix of the estate of Jagjit Singh Chada (Deceased), Harbans Kaur Chada, Santokh Singh Chada, Parminder Singh Chada, Manmohan Kaur Chada, Kanwaljit Singh Chada, Hardev Singh Dhanda & Parsin v Saki Limited |
| Date Delivered: | 20 Dec 2001 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua |
| Citation: | Victor Caetano D'souza & 10 others v Saki Limited [2001] eKLR |
| Case History: | (Application to strike out a notice of appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (O'Kubasu JA) dated 12th May, 2000 in H.C.C.C. NO. 4503 OF 19 |
| Court Division: | Civil |
| Parties Profile: | Individual/Private Body/Association v Individual/Private Body/Association |
| County: | Nairobi |
| Case Outcome: | Appeal Dismissed |
| 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: OMOLO, TUNOI & KEIWUA, JJ.A.
CIVIL APPLICATION NO. NAI 237 OF 2001
BETWEEN
VICTOR CAETANO D'SOUZA
CAMILLA FRANCES D'SOUZA
PRITHPAL SINGH CHADA
HARBANS KAUR CHADA (as Executrix of the estate of JAGJIT SINGH CHADA (DECEASED)
HARBANS KAUR CHADA
SANTOKH SINGH CHADA
PARMINDER SINGH CHADA
MANMOHAN KAUR CHADA
KANWALJIT SINGH CHADA
HARDEV SINGH DHANDA
PARSIN KAUR ................................................................................................................... APPLICANTS
AND
SAKI LIMITED ................................................................................................................. RESPONDENT
(Application to strike out a notice of appeal in an
intended appeal from a ruling of the High Court of
Kenya at Nairobi (O'Kubasu JA) dated 12th May, 2000
in
H.C.C.C. NO. 4503 OF 19
*******
RULING OF THE COURT
It appears from what is stated in the replying affidavit of Mr Murugara that the respondent to this application has lost interest in the intended appeal. The notice of appeal was lodged in Court on 24th May, 2000. That is well over one year and since then nothing has been heard from the respondent. Its advocates are unable to communicate with the respondent and in the circumstances it would be unfair to the applicants to keep the notice of appeal pending indefinitely. We allow the applicants' notice of motion dated 10th July, 2001, and order that the respondent's notice of appeal filed in the Court on 24th May, 2000, be and is hereby struck out with the costs thereof to the applicants.
Dated and delivered at Nairobi this 20th day of December, 2001.
R. S. C. OMOLO
----------------------------
JUDGE OF APPEAL
P. K. TUNOI
---------------------------
JUDGE OF APPEAL
M. Ole KEIWUA
--------------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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