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Omega Enterprises (Kenya) Ltd v. Kenya Tourist Development Corporation & 2 others

(1994) JELR 94145 (CA)

Court of Appeal  •  Civil Appeal 59 of 1993  •  15 Dec 1994  •  Kenya

Coram
Richard Otieno Kwach, Abdul Majid Cockar, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Kwach, Cockar and Muli JJA )

CIVIL APPEAL NO. 59 OF 1993

BETWEEN

OMEGA ENTERPRISES (KENYA) LTD.....................................................................APPELLANT

AND

KENYA TOURIST DEVELOPMENT CORPORATION and 2 OTHERS.................RESPONDENTS

(An appeal from the ruling of the High Court of Kenya at Nairobi (Mr Justice Akiwumi) dated 15th January, 1993

in

HCCC 6776 of 1992)

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

RULING

Kwach, JA. When Mr Lakha, for the appellant, was still on his feet and continuing his submissions in the appeal, we inquired from him what effect, if any, the ruling of Akiwumi J (as he then was) dated 19th March 1993, and contained in a Supplementary Record of Appeal filed by Hamilton, Harrison and Mathews Advocates, on 3rd October, 1994, had on the appeal, as by the said ruling the judge had confirmed his earlier order of 15th January, 1993, after hearing an application brought by the appellant seeking to set aside that order. In this ap…

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