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Ryce Motors Limited v. Jonathan Kiprono Ruto

(2006) JELR 96503 (CA)

Court of Appeal  •  Civil Appli Nai 310 of 2005  •  21 Feb 2006  •  Kenya

Coram
William Shirley Deverell

Judgement

RULING OF THE COURT

On 29th May, 2002 Osiemo J. gave judgment in favor of the respondent Mr. J. K. Ruto against Ryce Motors Limited which is the applicant before me represented by Mr. Oyatsi

Ryce Motors Limited was the plaintiff in the superior court in H. C. C. C. No. 559 of 1995 in the Milimani Commercial Court Nairobi claiming Shs. 666, 538.55 from Mr. Ruto and the second defendant Midway Insurance International Limited. A counterclaim for Shs.170, 000 was filed by Mr. Ruto against the plaintiff Ryce Motors and the second defendant Midway International Ltd. jointly and severally.

On 29th May, 2002 Osiemo J. gave judgment in favor of Mr. Ruto against Ryce Motors in respect to the counterclaim.

Ryce Motors Ltd. wished to appeal against the judgment of Osiemo J. It became necessary, for reasons I need not go into in the present application, for Ryce Motors Ltd. to file an application to the Court for an extension of time to file the memorandum and record of appeal out of time.

That applica…

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