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Ruaha Concrete Company Limited v. Middle East Bank of Kenya Limited

(2005) JELR 96599 (CA)

Court of Appeal  •  Civil Appeal Appli 149 of 2002  •  15 Jul 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is a preliminary objection by the appellant Ruaha Concrete Company Limited to the respondent’s application seeking an order that the appeal be struck out on the four grounds enumerated on the body of the application. The appeal is against the ruling of the superior court (Hewett, Commissioner of Assize (as he then was) dated 27th January, 2000 whereby the appellant’s suit was struck out as being frivolous and an abuse of the process of the court. By the plaint which was struck out the appellant had sought judgment against the respondent bank for Shs.29,520,000/= allegedly paid out from the appellant’s account with the bank through a forged cheque.

The appeal was filed on 13th June 2002. The application to strike out the appeal was filed on 25th July 2003. On 17th November, 2003, the respondent was given leave to amend the application. The amended application was filed on 18th November 2003. At the hearing of the application Mr. Owino, the learned counsel for the…

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