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MUILTIPLE HAULIERS (E.A.) LIMITED V. KENYA WILDLIFE SERVICES

(2024) JELR 112221 (CA)

Court of Appeal  •  CIVIL APPLICATION NO. NAI E168 OF 2023  •  5 Jul 2024  •  Kenya

Coram
D. K. MUSINGA, (P)

Judgement
<p style="text-align: center"><strong><u>RULING</u></strong></p><ol><li><p style="text-align: justify">The applicant’s motion dated <strong><em>25th April 2023 </em></strong>seeks leave to appeal from the judgment of <strong><em>Meoli, J. </em></strong>delivered on 16th March 2023 in <strong>HCCC No. 583  of  2020</strong>. The  application also contains a prayer for stay of execution of the said judgment, which cannot be considered by a single judge.</p></li><li><p style="text-align: justify">The affidavit in support of the application was sworn by <strong><em>Clive Critchlaw</em></strong>, the applicant’s General Manager- Operations and Customer Relations. He stated that the delay in filing a notice of appeal was the convoluted corporate process of issuing instructions as the applicant company was undergoing ownership changes which slowed down its administrative functions. The applicant had filed a material damage claim of Kshs.10,882,6000 against the respondent, which was dismissed. The applicant was aggrieved by that judgment and wishes to exercise its constitutional right of appeal.</p></li><li><p style="text-align: justify">The principles that guide this Court in an application of this nature are well settled. The Court has to consider, <em>inter alia, </em>the …</p></li></ol>

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