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Omega Enterprises (Kenya) Limited v. Eldoret Sirikwa Hotel Limited, Andrew Douglas Gregory & Kenya National Capital Corporation Limited

(2001) JELR 94195 (CA)

Court of Appeal  •  Civil Appeal 235 of 2001  •  5 Dec 2001  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

When this appeal was called to hearing, Mr. Kipkorir counsel for the first respondent, informed us that though he had filed a Notice of Appeal within the prescribed time and consequently applied for the proceedings and judgment, the superior court informed him only on 13th November, 2001 that the same were ready for collection.

It is clear that this appeal was lodged on 5th September, 2001, and is based on the proceedings and judgment prepared by Mr. Esmail, counsel for the appellant. Mr. Kipkorir doubted their veracity and indicated that he would have liked to compare them with those supplied by the Court. Moreover, Mr. Kipkorir indicated that it was his intention to file an appeal based on the proceedings and judgment obtained from Court and was still within time.

He asked for adjournment to enable him to lodge his appeal or cross-appeal if advised. He further wanted to cross check and examine wanted to cross check and examine the record of appeal and to see whethe…

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