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MIWANI SUGAR MILLS LIMITED & another v. NAGENDRA SAXENA & 2 others

(2010) JELR 98010 (CA)

Court of Appeal  •  Civil Appeal (Application) 261 of 2008  •  5 Feb 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

Before us is an application expressed as brought under “Rule 80 of the Appeal Rules”. In this application the applicants Miwani Sugar Mills Limited and Miwani Sugar Company (1989) Limited (In Receivership) seek the following orders:- “1. The record of appeal and the appeal filed herein on 4th of December, 2008 be struck out with costs to the applicants.2. Costs of this application be paid by the appellant.” The application is brought on the following grounds:- “(a) The record of appeal and the appeal have been filed out of time without leave of court. (b) The record of appeal does not contain all the notes of the superior court.” The application came up for hearing before us on 3rd December, 2009 when Mr. D. Otieno appeared for the applicants. Mr. P. Nowrojee appeared for the 1st respondent/appellant, Mr. R.B.O. Onsongo appeared for the 2nd respondent while Mr. Zachariah Ngome appeared the 3rd respondent. In urging the application Mr. Otieno relied on his two suppor…

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