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Stallion Insurance Co. Ltd v. Rosemary Olao

(1998) JELR 95287 (CA)

Court of Appeal  •  civil appl no.nai.229 of 97  •  27 Mar 1998  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: OMOLO, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 229 OF 1997 (KSM 28/97)

BETWEEN

STALLION INSURANCE CO. LTD. ..........................APPLICANT

AND

ROSEMARY OLAO .............................................RESPONDENT

(Appeal from the Ruling and Order of the High Court of

Kenya at Kakamega (Justice Tanui) dated 16th June,

1995

in

H.C.C.C. NO. 593 OF 1993

R U L I N G

The applicant's previous appeal was struck out on the 18th June, 1997 and one week later this motion was filed. It is clear the applicant is anxious to pursue its rights of appeal. The advocates for the respondent were served with a hearing notice for today. They have not appeared to oppose the motion. I accordingly grant the motion and make the following orders:-

(i)The notice of appeal must be filed within seven days of the date hereof;

(ii)The record of appeal must be filed within twenty-one days from the date the notice of appeal is filed; and

(iii)The costs of t…

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