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HASS PETROLEUM (K) LIMITED
V.
NYANZA ENTERPRISES LIMITED & ANOR.

(2021) JELR 113699 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. E065 OF 2020
Judges:KATHURIMA M'INOTI, JA MUMBI NGUGI, JA PATRICK KIAGE, JA
Location:Kisumu

RULING

  1. By a Notice of Motion dated 22nd June, 2020, the applicant moved the Court under Rule 4 of the Court of Appeal Rules, Sections 3A & 3B of the Appellate Jurisdiction Act and Article 159 of the Constitution of Kenya seeking extension of time to file and serve a Notice of Appeal and a letter bespeaking proceedings and judgment of the Kisumu Environment and Land Court. The applicant also prayed that the Notice of Appeal and the letter bespeaking proceedings and judgment already on record be deemed as having been filed and served on time. No grounds were set out on the face of the application but the applicant’s counsel swore an affidavit in support of the application.

  2. The application was initially heard by a single Judge of this Court (Kantai, J.) who dismissed the application with costs to the 1st respondent. Hence, what is before us is a reference under Rule 55 (1)(b) of this Court’s rules. By letter dated 22nd March, 2021, the applicant expresses its dissatisfaction with the rulin…

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