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Kenya Canners Limited v. Titus Muiruri Doge

(2006) JELR 105416 (CA)

Court of Appeal  •  Civil Appli 119 of 1996  •  28 Apr 2006  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki



The applicant herein was dissatisfied with the decision of a single Judge of this Honourable Court and now invokes the provisions of rule 54(1)(b) of our rules in seeking to vary, discharge or reverse that decision. The decision was made on 31.03.04 by Githinji J.A who refused to extend time as sought by the applicant for filing a fresh notice of appeal and a record of appeal.

The matter appears to have a chequered history judging from the material placed at our disposal. We gather from the short affidavit in support thereof sworn by Peter Le Pelley, and an affidavit sworn in reply by Lee Gacuiga Muthoga, that a judgment was delivered by the superior court (Shah, Commissioner of Assize, as he then was) in favour of the respondent some 18 years ago on 28.10.88. The applicant preferred an appeal (Civil appeal No. 12/89) but it was struck out on 09.05.90 as it was incurably defective. An application was made for extension of time to file a fresh record of appeal (Civil …

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