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Simon Kimutai & Benard Njoroge Gathua v. Sammy Makove (Commissioner of Insurance) & Statutory Manager United Insurance

(2018) JELR 94754 (CA)

Court of Appeal  •  Civil Appeal (Application) 279 of 2009  •  12 Oct 2018  •  Kenya

Mohammed Abdullahi Warsame, Patrick Omwenga Kiage, Kathurima M'inoti



The main appeal to which this application relates, was filed on 27th November 2007, being an interlocutory appeal from the ruling and order of the High Court (L. Kimaru, J.) dated 2nd October 2009. Being aggrieved by the said ruling the 1st respondent herein filed a notice of appeal on 12th October 2009 and subsequently filed the record of appeal. The matter was set down for hearing and parties appeared before Court on numerous occasions, when the matter was unfortunately adjourned severally for various reasons.

On 9th July 2018 this matter came up for hearing. Parties were represented by counsel. Ms. Lucy Kambuni, SC appeared for the appellant, Mr. Kinyanjui appeared for the 4th to 134th respondents and Mr. Kasamani for the 10th respondent. Mr. Kinyanjui brought to our attention that he was not served with the record of appeal. He went into a litany of lamentations all culminating to the fact that due to this non-service, he was not ready to proceed with the hearing…

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