Case Metadata |
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| Case Number: | Civil Appeal 268 of 2000 |
|---|---|
| Parties: | Industrial & Commercial Development Corporation v Sum Model Industries Limited |
| Date Delivered: | 09 Jul 2001 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu |
| Citation: | Industrial & Commercial Development Corporation v Sum Model Industries Limited [2001] eKLR |
| Case History: | (An appeal from the judgment of the High Court of Kenya at Nairobi (Mbogholi J) dated 16th February, 2000 in H.C.C.C. NO. 3389 OF 1994) |
| Court Division: | Civil |
| Parties Profile: | Individual/Private Body/Association v Individual/Private Body/Association |
| County: | Nairobi |
| History Docket No: | H.C.C.C. No. 3389 of 1994 |
| History Judges: | Amraphael Mbogholi-Msagha |
| History County: | Nairobi |
| Case Outcome: | Application 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
AT NAIROBI
CORAM: OMOLO, SHAH & O'KUBASU, JJ.A.
CIVIL APPEAL NO. 268 OF 2000
BETWEEN
INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION ............. APPELLANT
AND
SUM MODEL INDUSTRIES LIMITED ............................................................. RESPONDENT
(An appeal from the judgment of the High Court of Kenya
in
H.C.C.C. NO. 3389 OF 1994)
RULING OF THE COURT
Mr K'Owade, in his usual frankness, concedes that the appeal was lodged out of time without leave. Mr K'Owade came into the picture much later and by the time he came in a certificate of delay had already been issued by a deputy registrar showing that proceedings and judgment had been available and had been issued to the advocate who had acted before Mr K'Owade came in. When Mr K'Owade came in, another certificate was issued to him. He readily concedes that certificate was issued in error and we agree with him that he was unaware of the existence of the earlier certificate. The appeal, however, is incompetent, it having been filed out of time and without the leave of the court. We allow the motion to strike out the appeal and we strike out the appeal with costs thereof and the costs of the motion to the applicant.
Dated and delivered at Nairobi this 9th day of July, 2001.
R. S. C. OMOLO
A. B. SHAH
E. O. O'KUBASU
I certify that this is a true copy of the original.
at Nairobi (Mbogholi J) dated 16th February, 2000
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JUDGE OF APPEAL
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JUDGE OF APPEAL
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JUDGE OF APPEAL
DEPUTY REGISTRAR
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