RULING OF THE COURT
Quicklubes E.A. Ltd Corporation (applicant) sued Kenya Railways Corporation (respondent) before the High Court of Kenya at Nairobi claiming several reliefs, which included a declaration that its eviction from it’s business premises rented from the respondent was illegal and unlawful; special damages of Kshs. 61, 787,50/= and general damages for unlawful eviction.
Judgment was entered in the applicant’s favour on 28th September, 2012 and it was awarded inter alia special damages of Kshs. 27,106,500/= and general damages of Kshs. 2,000,000/=. Aggrieved by the said judgment and decree, the respondent moved to this Court by way of the Notice of Appeal filed on 19th October, 2012. Apparently before the notice of appeal was filed, the respondent wrote to the Deputy Registrar of the High Court requesting for copies of the proceedings and judgment. The letter was copied to the respondent’s counsel as required by the Court of Appeal Rules (the Rules). The Deputy Registrar of …