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Caltex Oil Kenya Ltd v. Janevans Ltd

(2005) JELR 103396 (CA)

Court of Appeal  •  Civil Appli NAI 287 of 2004  •  8 Jul 2005  •  Kenya

Coram
William Shirley Deverell

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: DEVERELL, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 287 OF 2004 BETWEEN

CALTEX OIL KENYA LIMITED ............................. APPLICANT

AND

JANEVANS LIMITED ...................................... RESPONDENT

(An application for leave to appeal out of time from the judgment

and decree of the High Court of Kenya at Nairobi (Mr. Justice J.W. Onyango

Otieno) dated 4th March, 2003

in H.C.C.C. NO. 3325 OF 1994) **************

R U L I N G

This is a ruling on an application under rule 4 of the Court of Appeal Rules (“the Rules”) for leave to file out of time an appeal from the judgment and decree of the superior court (Onyango Otieno J. as he then was) delivered on 4th March 2003 in Nairobi HCCC No. 3325 of 2004.

The Notice of Appeal was filed in time on 13th March 2003 but was served out of time on the respondents on 9th April 2003, which was late by 19 days. The reason for this delay was claimed to be a mistake or oversight by the appl…

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