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Kensilver Express Limited & 137 others v. Commissioner Insurance,Minister of Finance, Attorney General,Statutory Manager & United Insurance Corporation Ltd

(2014) JELR 100159 (CA)

Court of Appeal  •  Civil Application Nai 39 of 2009 Consolidated with Civil Application 305 of 2013  •  31 Jan 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame, George Benedict Maina Kariuki

Judgement

RULING OF THE COURT

Before us are two applications which were heard back to back, with the concurrence of all learned counsel on board hence this joint ruling.

The first application No. Nai 39 of 2009 (UR) is dated 18th day of February, 2009 and lodged in this Court’s Registry on 19th day of February, 2009.

The application is expressed to be brought under Section 3 (2) of the Appellate Jurisdiction Act and Rule 80 of the Court of Appeal Rules. It seeks to strike out the Notice of appeal dated 24th December, 2007 and filed on 4th January, 2008 by the 1st -3rd respondents and that of the 4th Respondent dated and filed on the 7th day of January, 2008. The application is based on the grounds in the body of the application, to the effect that the Respondents failure to lodge their records of appeal within sixty days of their filing of their notices of appeal should be deemed to be a withdrawal of the said Notices; that the respondents have not sought extention of time of this Court to regular…

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