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Commissioner of Customs & Excise v. Kaaya Enterprises Limited, Kenya Ports Authority, Evergreen Shipping Line & Unicom Limited

(2020) JELR 103115 (CA)

Court of Appeal  •  Civil Application 53 of 2019  •  3 Apr 2020  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: GATEMBU, JA (IN CHAMBERS))

CIVIL APPLICATION NO. 53 OF 2019

BETWEEN

COMMISSIONER OF CUSTOMS and EXCISE..........APPLICANT

AND

KAAYA ENTERPRISES LIMITED................1ST RESPONDENT

KENYA PORTS AUTHORITY.......................2ND RESPONDENT

EVERGREEN SHIPPING LINE....................3RD RESPONDENT

UNICOM LIMITED.........................................4TH RESPONDENT

(Being an application for enlargement of time to file and serve Notice of Appeal against the Judgment of the High Court of Kenya at Mombasa (P.J. Otieno, J.) delivered on 29th May 2019 in H.C.C.C. No. 193 of 2012)

*****************

RULING

1. In a judgement delivered by the High Court at Mombasa on 29th May 2019, the applicant, Commissioner of Customs and Excise, was adjudged to pay an amount of US dollars 40,000 to the 1st respondent. Intending to appeal against that judgement, it filed the present application dated 26th of June 2019. It is brought under Rule 4 of the Court of Appeal Rules and s…

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