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AMERISOURCE LIMITED & ALEX MAUTIA MORUME V. NATION MEDIA GROUP LIMITED

(2024) JELR 112216 (CA)

Court of Appeal  •  CIVIL APPEAL (APPLICATION) NO. 445 OF 2019  •  12 Jul 2024  •  Kenya

Coram
D. K. MUSINGA, P. S. GATEMBU KAIRU, FCIArb, JA L. ACHODE, JA

Judgement
<p style="text-align: center"><strong><u>RULING OF THE COURT</u></strong></p><ol><li><p style="text-align: justify">The applicant’s notice of motion dated 23rd January  2020 brought under <strong>rule 75(2) and (4), rule 82, 83 </strong>and <strong>84 </strong>of the <strong>Court of Appeal Rules 2010, </strong>seeks to strike out the 1st appellant’s notice of appeal filed on 19th September 2019, and the 2nd   appellant’s notice of appeal filed on 10th   July 2019 as they were filed out of time.</p></li><li><p style="text-align: justify">The applicant states, <em>inter alia</em>, that the impugned ruling sought to be appealed from was delivered on 9th November 2018; that on 16th November 2018 the appellants filed an application for leave to appeal the said ruling; that on 27th June 2019 the High Court granted leave to the appellants to appeal the said ruling and thereafter the 2nd appellant filed his notice of appeal; that the record of appeal dated 10th September 2019 on behalf of the 1st appellant is bad in law for want of a duly filed and served notice of appeal; and the 2nd appellant’s notice of appeal is  bad  in law as the same was filed out of time without leave of the court…</p></li></ol>

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