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Kenya Shell Company Ltd v. Charles

(2003) JELR 99918 (CA)

Court of Appeal  •  Civil Appeal 7 of 2000  •  16 May 2003  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua

Judgement

IN THE COURT OF APPEAL

AT NYERI

(Coram: Tunoi, Shah and Keiwua JJ A)

CIVIL APPEAL NO 7 OF 2000

KENYA SHELL COMPANY LTD ............APPELLANT

VERSUS

CHARLES..........................................RESPONDENT

(Appeal from a Ruling and Order of High Court at Meru (Omwitsa CA)

dated 9.11.1999 in HC Misc Civil App No 70 of 1999)

JUDGMENT

This is an appeal from the ruling of the High Court of Kenya at Meru (G A Omwista, Esq Commissioner of Assize) given on 9th November, 1999, whereby the Court dismissed an application to extend time within which to lodge an appeal against the judgment of the Senior Resident Magistrate at Meru in CMCC No 1097 of 1997.

By a plaint dated 20th June, 1994, originally filed in the Superior Court, the respondent sued the appellant and two others for special and general damages arising out of a road traffic accident in which her husband was fatally injured. She instituted the suit on her own behalf and in her capacity as the legal representative of his estate.

Though the appeā€¦

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