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SHAH HIRJI MANEK LIMITED v. RAMESH PREMCHAND SHAH,SUNNY STYLE MANUFACTURERS,UKAY ESTATES LIMITED & NAKUMATT HOLDINGS LIMITED

(2000) JELR 94013 (CA)

Court of Appeal  •  civil misc appl 246 of 00  •  18 Dec 2000  •  Kenya

Coram
Abdulrasul Ahmed Lakha, Effie Owuor, Richard Otieno Kwach

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

OF NAIROBI

CIVIL MISC APPL 246 OF 100

SHAH HIRJI MANEK LIMITED ............................. APPLICANT

RAMESH PREMCHAND SHAH

SUNNY STYLE MANUFACTURERS

NAKUMATT HOLDINGS LIMITED............................ RESPONDENTS

RULING THE COURT

This is an application under rule 50 of the Rules of this Court to strike out the notice of appeal lodged in Court on 30th August, 1999. The ruling of the superior court was delivered on 30th July, 1999 making 4th October, 1999 as the last day for filing the appeal which was done well after without obtaining any leave or a valid extension. The appeal filed is out of time. Accordingly, the notice of appeal falls to be struck out. The application succeeds and the notice of appeal is struck out with costs including the costs of the application.

2000.

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A. A. LAKHA

JUDGE OF APPEAL

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I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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