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Evanson Njiri Wanjihia v. Caltex Oil (Kenya) Limited

(2011) JELR 105246 (CA)

Court of Appeal  •  Civil Application 206 of 2010  •  29 Jul 2011  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



This is an application under rule 80 (now replaced by rule 84 of this Court’s Rules. It seeks to have the notice of appeal filed on 24th June 2009 struck out. It is supported by the applicant’s affidavit in support sworn on 17th August 2010.

The principal grounds which were articulated by the applicants counsel, Mr Muthee and upon which the application is based include that although the respondent had applied for the certified copies of proceedings on 24th June 2009 it has not to date filed a record of appeal nearly two years after the event; that the delay is in the circumstances inordinate; that the continuance of the case where judgment in favour of the respondent/applicant was given on 31st May 2005 is causing unnecessary anxiety because the appellant is now fairly old and weak; that the continuance of the appeal denies the applicant of the fruits of his judgment and it exposes him to unnecessary legal and attendant costs; that the respondent’s inactivity is a tr…

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