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RAMESH SHAH v. KENBOX INDUSTRIES LIMITED

(2007) JELR 96342 (CA)

Court of Appeal  •  Civil Appli 340 of 2004  •  27 Apr 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Philip Nyamu Waki

Judgement

RULING OF THE COURT

The respondents herein M/S. Kenbox Industries Ltd (Kenbox) were aggrieved by the decision by a single Judge of this honourable Court made on 12th September, 2005 allowing the applicant, Ramesh Shah (Shah) to file a notice of appeal and record of appeal long after the period allowed for such documents to be filed had expired. They now come before us on a reference under rule 54(1)(b) of the rules of this Court (“the rules”) pleading that we “vary, discharge or reverse” that decision. The reference is, of course, not an appeal and we may only interfere with the exercise of the wide discretion bestowed on a single judge under rule 4 of the rules on the basis of sound principles. These in substance are that the single Judge took into account an irrelevant factor which he ought not to have taken into account or that he failed to take into account a relevant factor which he ought to have taken into account; that he misapprehended or not properly appreciated some point of …

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