SAMUEL KAMAU MACHARIA & PURITY GATHONI GITHAE V. OCEANFRIEGHT TRANSPORT COMPANY LIMITED

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, MARAGA and MURGOR, JJ.A)

CIVIL APPEAL NO. 85 OF 2011

BETWEEN

SAMUEL KAMAU MACHARIA .............................1^ST APPELLANT

PURITY GATHONI GITHAE ............................... 2^ND APPELLANT

AND

OCEANFRIEGHT TRANSPORT COMPANY LIMITED ..... RESPONDENT

(An application for reference to full court in an application for extension of time (Visram, JA) dated 9^th December, 2011 in an

appeal from the ruling of the High Court of Kenya at Nairobi

(Rawal, J.) dated 23^rd October, 2011

in

H.C.C.C. NO. 3958 OF 1991)

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RULING ON REFERENCE TO FULL COURT

There is a long-winded factual matrix, spanning over 26 years, which informs the application before us. In considering the matter, however, we shall only make reference to such facts as are relevant for the disposal of the application.

The two applicants are a married couple and will henceforth be referred to as “the Macharias”. They are represented before us by learned counsel Dr. Kamau Kuria…