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Protein & Fruits Processors Limited v. Enkasiti Flower Growers

(2008) JELR 94266 (CA)

Court of Appeal  •  Civil Appeal (Appli) 27 of 2006  •  30 May 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya

Judgement

RULING OF THE COURT

This application is brought under rule 80 of the Court of Appeal Rules for the striking out of the Notice of Appeal dated 13th February 2006 as well as the Record of Appeal filed herein on 8th March 2006 and for the costs of the same.

The grounds upon which the application is based are that:

(a) The appellant had (and has) no right of appeal against the ruling and orders of the superior court against which the Notice of Appeal was lodged and this appeal preferred.

(b) The appellant company cannot lawfully transact any business as it does not have a lawfully constituted board of directors.

(c) The Notice of Appeal was lodged and Record of Appeal filed without or without proper authority from the appellant.

(d) It is just and equitable to grant this relief.

The application was also supported by the affidavit deponed to by one Mansukhlal Shantilal Patel, the managing director of the applicant/ respondent herein.

This affidavit deponed that there is no right of appeal to the a…

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