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Chemigas Limited v. BOC Kenya Limited

(2001) JELR 103223 (CA)

Court of Appeal  •  Civil Appeal 169 of 2000  •  31 Jul 2001  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Richard Otieno Kwach

Judgement

RULING OF THE COURT

Two applications were argued before us at the same time. The first in time bears the date 5th July, 2001, and was taken out by BOC Kenya Limited, the respondent in the appeal; and in it the respondent seeks an order striking out the appeal as incompetent on the ground that a copy of the formal order included in the record of appeal has a different case number from that which the appeal arises. The second application is dated 6th July, 2001, and was taken out by Chemigas Limited, the appellant, seeking leave of the court to amend the aforesaid formal order by deleting the number on it, to wit 965, and substitute it with 935 as the correct case number.

Order XX rule 6(1) of the Civil Procedure Rules, provides that:

"6 (1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties and particulars of the claim and shall specify clearly the relief granted or other determination of the suit."

By reason of ruleā€¦

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