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Salama Beach Hotel Limited v. Mario Rossi

(2015) JELR 96436 (CA)

Court of Appeal  •  Civil Appeal 10 of 2015  •  30 Sep 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

On 9th May 2014 Angote, J. determined an application in which the respondent, Mario Rossi, was seeking to be paid by the appellant, Salama Beach Hotel Ltd, the value of a villa that the latter had agreed in a consent order to build for him in consideration of his abandoning his claim to Villa No. 6 on Plot No 9890, Watamu. The learned judge awarded the respondent Kshs 14 million and costs of the application. Aggrieved by the award, the appellant lodged a Notice of Appeal on 16th May 2014 and the Record of Appeal on 25th February 2015.

On 23rd March 2015 the respondent applied under Rules 82(1) and 84 of the Rules of this Court to strike out the record of appeal on the grounds that the same was filed out of time and did not contain a primary document, namely a certified copy of the order appealed from. The application was supported by an affidavit sworn on 16th March 2015 by the respondent’s advocate, Mr. Joseph Munyithya, in which he deposed that the record of appeal…

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