REPUBLIC OF KENYA
Esso Standard Kenya Ltd v. Onesmus Kihara Mwangi
Court of Appeal, at Nairobi June 5, 1985
Hancox JA, Platt and Gachuhi Ag JJA
Civil Application No NAI 29 of 1984
(Application from the High Court at Nairobi, Nyarangi J, High Court Civil Suit 4046 of 1979)
June 5, 1985, Hancox JA, Platt and Gachuhi Ag JJA ddlivered the following Judgment.
On July 15, 1980, almost five years ago, Mr Justice Nyarangi, as he then was, gave judgment infavour of the plaintiff company, Esso Standard Kenya Ltd (Esso) in High Court Civil Suit 4046 of 1979.
This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.
However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document for the purpose of o…