POSTAL CORPORATION OF KENYA V. KAMCONSULT LIMITED & TELKOM KENYA

RULING OF THE COURT

Before us is an application by way of notice of motion stated to have been brought under “Rule 1(2), 42(1) and 80 of the Court of Appeal Rules”. In this application, the applicant POSTAL CORPORATION OF KENYA seeks an order that the notice of appeal dated the 20^th December, 2001 and filed on the 21^st December, 2001 by the first respondent KAMCONSULT LIMITED be struck out with costs. The application is brought on the following grounds:-

“1. THAT no qua right of appeal lies to the Honourable Court of Appeal in respect of the decision of the High Court delivered on 11^th December, 2001.

2. THAT the first Respondent has no right of appeal as against the decision and cannot lodge a competent Notice of Appeal.

3. THAT the costs of this application be provided for in any event.”

There was a supporting affidavit sworn by Mr. Ahmednassir, the learned counsel for the applicant herein.

The background to this application may be briefly stated. As a result of a ruling dated and deliver…