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POSTAL CORPORATION OF KENYA
V.
KAMCONSULT LIMITED & ANOTHER

(2006) JELR 95674 (CA)

Court of Appeal 13 Oct 2006 Kenya
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Case Details

Suit Number:Civ Appli 42 of 2003
Judges:Emmanuel Okello O'Kubasu, John walter Onyango Otieno, William Shirley Deverell
Location:Nairobi
Other Citations:Postal Corporation of Kenya v. Kamconsult Limited & another [2006] eKLR

RULING OF THE COURT

Before us is an application by way of notice of motion stated to have been brought under “Rule 1(2), 42(1) and 80 of the Court of Appeal Rules”. In this application, the applicant POSTAL CORPORATION OF KENYA seeks an order that the notice of appeal dated the 20th December, 2001 and filed on the 21st December, 2001 by the first respondent KAMCONSULT LIMITED be struck out with costs. The application is brought on the following grounds:-

1. THAT no qua right of appeal lies to the Honourable Court of Appeal in respect of the decision of the High Court delivered on 11th December, 2001.

2. THAT the first Respondent has no right of appeal as against the decision and cannot lodge a competent Notice of Appeal.

3. THAT the costs of this application be provided for in any event.”

There was a supporting affidavit sworn by Mr. Ahmednassir, the learned counsel for the applicant herein.

The background to this application may be briefly stated. As a result of a ruling dated and deliver…

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