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CENEAST AIRLINES LIMITED
V.
KENYA SHELL LIMITED

(1999) JELR 104373 (CA)

Court of Appeal 17 Dec 1999 Kenya
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Case Details

Suit Number:civ app 174 of 99[1]
Judges:Philip Kiptoo Tunoi, Effie Owuor, Richard Otieno Kwach
Location:Nairobi
Other Citations:CENEAST AIRLINES LIMITED v. KENYA SHELL LIMITED[1999] eKLR

JUDGMENT OF THE COURT

In our judgment in this matter delivered on 30th March, 2000, we allowed the appeal by the Appellant Company (hereinafter referred to as the Appellant) with no order as to costs. We also ordered that the Appellant must enter appearance and file a defence within seven days from that date, in respect of High Court Civil Case No. 593 of 1998 wherein, the Appellant had been sued by the Respondent for Shs.21,438,007/93 being the balance of the amount due from the Appellant to the Respondent for goods sold and delivered by the latter to the former in 1993. We now give our reasons for our judgment.

On 23rd December, 1998, over three months after filing its plaint, the Respondent requested for judgment of the large sum it had claimed, on the grounds that the Appellant, though served with a copy of the plaint and summons to enter appearance on 9th December, 1998, had failed to do so.

The Respondent subsequently obtained on 4th January, 2000, judgment for the amount claimed i…

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