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RASHID NASORO T/A KAKAMEGA SERVICE STATION & RASHID NASORO T/A BROADWAYS DISTRIBUTORS V. MOBIL OIL KENYA LIMITED

(2014) JELR 95552 (CA)

Court of Appeal  •  Civil Appeal 195 of 2011  •  31 Jan 2014  •  Kenya

Coram
George Benedict Maina Kariuki

Judgement

RULING

This ruling relates to the application seeking enlargement of time to file record of appeal from the decision of the High Court.

On 26th March 2010, the High Court (Koome J, as she then was) delivered judgment in Nbi Milimani Civil Suit No.233 of 2005 in which the respondent, Mobil Oil Kenya Ltd, was plaintiff and Messrs Rashid Nasoro T/A Kakamega Service Station and Rashid Nasoro T/A Broadways Distributors, the applicants, were 1st and 2nd Defendants respectively.

The claim by Mobil Oil Kenya Ltd against the said defendants was for a liquidated sum of Shs.2,053,474.05.

The learned Judge found that the defendants had not controverted the evidence adduced in support of the claim and accordingly, entered judgment in favour of Mobil Oil Kenya Limited in the sum claimed plus costs.

Aggrieved by and dissatisfied with the High Court judgment the applicants filed on 3rd April 2010, Notice of Appeal pursuant to rule 75 of the rules of this Court manifesting their intention to appeal against…

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