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Kenya Arab Orient Insurance Ltd v. LochabTransport Ltd

(1987) JELR 100131 (CA)

Court of Appeal  •  Civil Application NAI 8 of 1987  •  23 Jan 1987  •  Kenya

Coram
James Onyiego Nyarangi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

CIVIL APPLICATION NO NAI 8 OF 1987

KENYA ARAB ORIENT INSURANCE...............APPELLANT

v.

LOCHABTRANSPORT .................................RESPONDENT

RULING

This is an application brought under rules 4 and 81 of the Court of Appeal Rules by Kenya Arab Orient Insurance Limited for an order that the applicant be given leave to file its appeal out of time and that the costs of the application be costs in the appeal. In a supporting affidavit sworn by Mr Wandaka the advocate who had the conduct of the suit, it is deponed that the applicant’s firm of advocates applied for proceedings and judgment on June 5, 1986, two days after the judgment was read and copied the letter to the respondent’s advocate, that despite regular checking on the typed copies of proceedings and judgement, it was not until October 1, 1986 that a letter inviting the applicant’s advocate to collect the proceedings and judgment was received, that certified copies were…

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