MAU WEST LIMITED V. KENYA CO-OPERATIVE CREAMERIES LIMITED

R U L I N G

This applicant intends to appeal against a part of the judgment of the superior court (Khamoni, J.). That judgment was delivered on 10th March, 1998 and on 13th March, 1998, the applicant lodged its notice of appeal. On 17th March, the applicant wrote a letter to the Deputy Registrar of the superior court, requesting that it (the applicant) be supplied with uncertified copy of the proceedings and a certified copy of the judgment. That letter was copied to M/s Kagucia and Company Advocates of Corner House, Nairobi, who were apparently acting for the respondent. The reason for copying the letter to the advocates for the respondent was obviously to enable the applicant to advantage of the proviso to Rule 81 of the Court's Rules which provides that where such a letter has been written to the Registrar of the superior court within thirty days of the date of the decision intended to be challenged and is copied to the opposite side, any time certified by the Registrar, as being ne…