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PAUL'S BAKERY & CONFECTIONARY LTD. v. THE COMMISSIONER OF INCOME TAX

(1997) JELR 94114 (CA)

Court of Appeal  •  civil appl no. nai. 181 of 96  •  14 Apr 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: OMOLO, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 181 OF 1996

BETWEEN

PAUL'S BAKERY and CONFECTIONARY LTD. ................. APPLICANT

AND

THE COMMISSIONER OF INCOME TAX ..................... RESPONDENT

(Application for extension of time to file appeal out of time

in an intended appeal from a Judgment of the High Court

of Kenya at Nairobi (Aluoch J) dated 5th December, 1991

in

INCOME TAXAPPEAL NO. 98 OF 1988)

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

R U L I N G

The previous appeal by the applicant was struck out by the court on the 9th May, 1996. This application was filed on 31st May, 1996. The applicant acted with reasonable speed after its appeal was struck out. It is not clear to me why the application has been pending since the 31st May, 1996 when it was filed but there is no evidence that the applicant is responsible for that delay. The respondent though served has not attended to oppose the application. No affidavit in opposition has been fileā€¦

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