OCEANFREIGHT TRANSPORT CO. LTD V. PURITY GATHONI GITHAE & SAMUEL KAMAU MACHARIA

RULING OF THE COURT

1. On 23rd October, 2001, the High Court (Rawal, J.), delivered a judgment in High Court Civil Case No.3958 of 1991 in which the court allowed an application filed by Oceanfreight Transport Company Limited (hereinafter referred to as the “applicant”), for summary judgment against Purity Gathoni Githae and Samuel Kamau Macharia (hereinafter referred to as “the 1st and 2nd respondent” respectively)

2. Being dissatisfied the respondents filed a notice of appeal on 29th October, 2001, expressing their intention to appeal the whole judgment of the High Court. On 6th May, 2011, the respondents filed a record of appeal and the appeal was numbered Civil Appeal No. 85 of 2011.

3. On 13th June, 2011, the applicant, upon being served with the record of appeal, filed a notice of motion dated 9th June, 2011. The motion sought orders under Rule 84 of the Court of Appeal Rules, 2010, and Sections 3A and 3B of the Appellate Jurisdiction Act that:

a. the memorandum of appeal and record…