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Kenya Breweries Limited v. Lawrence Ndutu & 6000 Others

(2015) JELR 100123 (CA)

Court of Appeal  •  Civil Application 283 of 2013  •  24 Apr 2015  •  Kenya

Coram
Paul Kihara Kariuki, William Ouko, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. This is a reference to the Court from the decision of a single Judge (Nambuye, JA) under rule 55(1)(b) of the rules of the Court. In her ruling delivered on 28th November 2014, the learned single Judge dismissed the applicant’s application lodged in the registry on 18th October 2013 seeking an order that the time for filing and service of the notice of appeal and the record of appeal against the decision of the High Court given on 16th December 2011 be extended.

2. According to Mr. P. M. Gachuhi learned counsel for the applicant, the decision of the High Court that the applicant intends to appeal against has rendered the conduct of the proceedings before the High Court untenable as there are, as a result of that decision, three advocates appearing for the plaintiffs; that the issue of representation requires resolution before the matter can proceed before the High Court; that the applicant has not been guilty of delay in presenting the application under considerat…

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