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KAIRU ENTERPRISES LIMITED v. GITUNDU DEVELOPERS LIMITED

(1997) JELR 100392 (CA)

Court of Appeal  •  civil appl no. nai. 198 of 96  •  24 Apr 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

RULING OF THE COURT

I do not think the applicant is serious in the matter. Its previous appeal was struck out on the 14th February, 1996; this application was not brought until the 19th June, 1996. That, as Miss. Kamau correctly points out, is a delay of over four months. There is not a single word in the affidavit as in the submissions of Mr. Muttu in explanation of that delAy.

In those circumstances, I hold that the applicant has wholly failed to place before me any material upon which if I can exercise my discretion in its favour. I refuse to do so and the consequence of that is that this application fails and it is hereby dismissed with costs to the respondent.

Dated and delivered at Nairobi this 24th day of April, 1997.

R. S. C. OMOLO

...............

JUDGE OF APPEAL


I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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