judy.legal
Login Register

TANJAL INVESTMENTS LIMITED & ANOTHER v. CHARLES KOMBO OKIOGA & Another

(2008) JELR 95190 (CA)

Court of Appeal  •  Civil Appli 333 of 2006  •  24 Jan 2008  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

In an application by way of notice of motion dated 29th March 2000 and filed in the superior court, the applicants in this notice of motion, Tanjal Investments Limited and Awadh Abeid Said, sought orders in the superior court for summary judgment for vacant possession and mesne profits against the respondents, Charles Kombo Okioga and Roselyn Kombo. The superior court (Khaminwa J.) in a ruling delivered on 14th August 2000 granted the orders sought. The respondents felt aggrieved by that ruling and filed a notice of appeal on 25th August 2000. By 30th October 2003, no record of appeal had been filed pursuant to that notice of appeal. That necessitated the filing of a notice of motion dated 30th October 2003 seeking to have the notice of appeal filed by the respondents on 25th August 2000 struck out for failure to file an appeal within the time prescribed by the Rules. That application was heard by this Court and in a ruling dated and delivered on 16th July 2004, it …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login