judy.legal
Login Register

CYRUS SHAHALAGA JIRONGO, CYPERR ENTERPRISES LIMITED & OFF-SHORE TRADING COMPANY V. EMRIS INVESTMENT LIMITED

(2015) JELR 105097 (CA)

Court of Appeal  •  Civil Application 260 of 2015  •  4 Dec 2015  •  Kenya

Coram
James Otieno Odek

Judgement

RULING

1. By Notice of Motion dated 23rd October 2015, the applicants seek an order for extension of time to file and service a Notice of Appeal against the ruling by the Environment and Land Court at Nairobi (M. Githumbi, J.) dated 6th February 2015. The application is brought under Rule 4 of this Court’s Rules.

2. To appreciate the grounds in support of the application and opposition thereto, it is necessary to state the pertinent facts in issue. By a Plaint dated 17th July 2013, the respondent filed suit against the applicants for the sum of Kshs.32,000,000/= plus interest and costs thereon. The applicants entered appearance on 26th July 2013 but did not file any defence. An interlocutory judgment in default of defence was entered against the applicants on 16th August 2013. By a Notice of Motion dated 8th November 2013, the applicants moved the Environment and Land Court to set aside the interlocutory judgment and all consequential orders. The motion was heard inter partes and on 15t…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login