HOMELEX LIMITED V. JARIBU CREDIT TRADERS LIMITED

IR U L I N G

This is an application under Rule 4 of the Court of appeal Rules for extension of time for filing and service of a notice of appeal.

The applicant intends to appeal against the judgment of the High Court delivered on 19^th January, 2015. It is apparent from the facts contained in the judgment that the applicant supplied electronic goods to the respondent in pursuance to a contract, for the value of Kshs. 1,034,818. The respondent failed to honour the invoice claiming that the goods supplied were counterfeits and in breach of an oral guarantee that the goods would be genuine. The applicant filed a winding-up petition in respect of the total claim of Kshs. 1,191,504/-.

The respondent filed a suit seeking an injunction to restrain the applicant from advertising or proceeding with the winding-up petition on the ground that the debt was genuinely disputed. The application filed a defence and counter-claim claiming Kshs.1,191,504/- from the respondent. After full hearing, the High …