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…