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James Oduor Owiso v. Kapa Oil Refineries & Irungu Mwangi

(2015) JELR 105359 (CA)

Court of Appeal  •  Civil Application Nai 63 of 2015  •  25 Sep 2015  •  Kenya

Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Festus Azangalala



The 1st Respondent, Kapa Oil Refineries was the defendant in a suit where James Oduor Owiso, the applicant herein, had sued it and Gerald Irungu Mwangi, the 2nd respondent. Judgment in favour of the applicant was delivered on the 27th August 2013. Thereafter, the 1st respondent applied to the High Court for enlargement of time within which it ould file its appeal. On 10th October 2014, the High Court dismissed the 1st respondent’s application. The High Court found that there was an inordinate delay that had not been sufficiently explained and accounted for on the part of the respondents. Being aggrieved with that finding the 1st respondent, lodged a notice of appeal on the 23rd October 2014, expressing its intention to appeal against that ruling. This notice was not served upon the applicant until the 18th

February 2015.

Now, the applicant has brought this application under rules 77(1), 82 (1) and (2), 83 and 84 of the Court of Appeal rules in which he seeks an order …

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