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Mustafa Loro v. Caltex Oil (K) Ltd & Saler Mohammed

(2004) JELR 98777 (CA)

Court of Appeal  •  Civil Application Nai 100 of 2004  •  23 Sep 2004  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: TUNOI, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 100 OF 2004

BETWEEN

MUSTAFA LORO ..................................................................... APPLICANT

AND

CALTEX OIL (K) LIMITED .............................................1ST REESPONDENT

SALER MOHAMMED ........................................................2ND RESPONDENT

(An application for leave to serve Notice and Record of Appeal

out of time in an appeal from the Judgment of the High

Court of Kenya at Nairobi (Rawal, Comm/Assize) dated

15 th June, 2000

in

H.C.C.C NO. 963 of 1996)

************************

RULING

By this motion expressed to be brought under rules 4 and 76(I) of the Rules of this Court the applicant craves for orders for extension of time within which to file and serve a Notice of Appeal and Record of Appeal. However, at the hearing of the application, Mr. Khaminwa, for the applicant informed me that there was a valid Notice of Appeal on record and I should hold so. He averr…

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