Case Metadata |
|
| Case Number: | civ app 291 of 96 |
|---|---|
| Parties: | Diamond Trust of (K) Ltd v Peter Odero Oor & Maq's Motor Sales Ltd |
| Date Delivered: | 22 Nov 1996 |
| Case Class: | Civil |
| Court: | Court of Appeal at Kisumu |
| Case Action: | Ruling |
| Judge(s): | Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, Richard Otieno Kwach |
| Citation: | Diamond Trust of (K) Ltd v Peter Odero Oor & another [1996]eKLR |
| Case History: | (Appeal from the ruling of the High Court of Kenya at Kisumu (Justice Wambiliangah) dated 30th January, 1996 in H.C.C.C. NO. 367 OF 1995) |
| Court Division: | Civil |
| County: | Kisumu |
| History Docket No: | H.C.C.C. NO. 367 OF 1995 |
| History Judges: | Isaac Charles Cheskaki Wambilyangah |
| History Advocates: | Neither party represented |
| History County: | Kisumu |
| Case Outcome: | Application 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 |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
BETWEEN
AT KISUMU
(CORAM: KWACH, OMOLO & LAKHA, JJ.A.)
CIVIL APPEAL NO. 291 OF 1996
DIAMOND TRUST OF (K) LTD. ..............................APPLICANT
AND
PETER ODERO OOR
MAQ'S MOTOR SALES LTD. ..........................RESPONDENTS
(Appeal from the ruling of the High Court of Kenya at Kisumu
R U L I N G
JUDGE OF APPEAL
(Justice Wambiliangah) dated 30th January, 1996
in
H.C.C.C. NO. 367 OF 1995)
***************
This is an application to strike out the Notice of Appeal on the ground that the Notice was never served upon the Respondent within 7 days from the date of the filing. This is deponed to in the affidavit in support. There is no affidavit in Reply or in opposition. There is a breach of mandatory provision being Rule 76 of the Rules of this Court. Accordingly, the Notice of Appeal filed on 31st January, 1996 is hereby struck out. The parties to this application were wrongly described and in the circumstances there will be no order as to costs.
Made at Kisumu this 22nd day of November, 1996.
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
Please Wait. Searching ...