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Salama Beach Hotel Limited v. Mario Rossi

(2016) JELR 93958 (CA)

Court of Appeal  •  Civil Application 58 of 2015 (UR 48 of 2015)  •  1 Jul 2016  •  Kenya

Coram
William Ouko

Judgement

RULING OF THE COURT

Aggrieved by Angote J’s order directing the applicant, on 9th May 2014 to pay Kshs.14,000,000/= to the respondent as the value of a villa that the latter had agreed, by a consent, to construct for the former, the applicant filed Civil Appeal No.10 of 2015 to challenge the award. The respondent, for his part challenged the validity of the appeal and applied by a motion brought pursuant to Rules 82 (1) and 84 of the Court of Appeal Rules that it be struck out on the grounds that it was lodged out of time and was not accompanied by a certified copy of the order appealed from. The application which was opposed was argued before the full bench of this Court which found, inter alia, that the applicant was required by rule 82 aforesaid to file the appeal within 60 days from the date the notice of appeal was filed; that the proviso to rule 82 (1) allows a party who intends to appeal and who has within 30 days of the decision sought to be appealed against, applied, in writin…

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