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Premier Dairy Ltd v. Amarjit Singh Sagoo & Kurshbikaur Harjeet Singh Chandha (suing as the legal administrator of the estate of Harjeet Singh Charan Singh Chandha

(2009) JELR 95193 (CA)

Court of Appeal  •  Civil Appeal (Appli) 213 of 2008  •  17 Jul 2009  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji



Following the delivery of a judgment awarding damages against it on 25th September, 2007, Premier Diary Limited, the appellant, timeously filed a notice of appeal on 1st October, 2007 declaring its intention of appealing against the whole of that judgment. The notice of appeal indicated the correct date of the judgment. Subsequently, the appellant lodged a record of appeal and in that record, it included a copy of that judgment but which shows that the judgment was prepared by M.A. Warsame J. and signed by him on 18th September, 2007. However, because he did not deliver it personally, the judgment shows that M.G. Mugo J. delivered it on 20th September, 2007, instead of 25th September, 2007, when, it was common ground, it was actually delivered. The record of appeal also includes a copy of decree which is correctly drawn signed and sealed but not certified as required by rule 85(1)(h) of the Court of Appeal Rules.

The record of appeal was timeously served upon Mr. Gic…

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