judy.legal
Login Register

Mario Rossi v. Salama Beach Hotel Limited

(2018) JELR 99283 (CA)

Court of Appeal  •  Civil Application 50 of 2016  •  15 Nov 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

[1] The application before us is anchored on Rule 55 of the Court of Appeal Rules (the Rules) wherein Mario Rossi (the applicant) entreats us to strike out the reference to the full Court by Salama Beach Hotel Limited (the respondent) against the ruling of a single Judge of this Court (Ouko, J.A) dated 1st July, 2016. He also seeks an order of stay of all further proceedings in H.C.C.C No. 84 of 2010 issued by the High Court on 20th November, 2015 to be vacated. This is for the sole reason that the said reference had not been made within the requisite time frame under the said Rule.

[2] Apparently, following the delivery of the judgment of the trial court (Angote, J.) dated 9th May, 2014 in H.C.C.C No. 84 of 2010, the respondent filed an appeal in this Court being Civil Appeal No. 10 of 2015 challenging the said decision. Nonetheless, the appeal was struck out on the grounds that it had been filed out of time and for the omission of a primary document from the Record…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login