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AFRICA OIL TURKANA LIMITED,AFRICA OIL KENYA BV & AFRICA OIL CORPORATION V. EDWARD KINGS ONYANCHA MAINA,MAOSA KENGARA MONENA,CENTRIC ENERGY CORPORATION & INTERSTATE PETROLEUM COMPANY LIMITED

(2016) JELR 105581 (CA)

Court of Appeal  •  Civil Application 50 of 2015  •  21 Apr 2016  •  Kenya

Coram
David Kenani Maraga Agnes Kalekye Murgor Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The applicants’ Notice of Motion dated 17th September 2015 seeks to strike out the 1st respondent’s Notice of Appeal dated 21st July 2015 and filed in court on the same day. The application is supported by an affidavit sworn by Faith Macharia- Okaalo, learned counsel for the applicants.

In the affidavit, Ms. Okaalo avers that the judgment of the High Court was delivered on 2nd July 2015 wherein the High Court ordered the Winding Up of Interstate Petroleum Company Limited, the 4th respondent. That on 21st July 2015 the 1st respondent filed a Notice of Appeal well after the 14 days period specified by the rule 75 of this Court’s rules. She further avers that a copy of the Notice of Appeal was served on the applicants on 31st August 2015 well after the mandatory 7 days period specified by the rules, and that no application had been filed by the 1st respondent to extend the period for filing and service of the Notice of Appeal on the applicants.

Furthermore it is averred …

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