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Trans-Nzoia Investment Company Limited v. Joseph Wanambis,Alfred Wanambisi,Wekesa Waminila,Sammy Wanjala & Ibrahim Ongaro

(2010) JELR 93726 (CA)

Court of Appeal  •  Civil Appeal (Application) 79 of 2010  •  12 Nov 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram

Judgement

RULING OF THE COURT

We think there is no merit in the motion before us filed by Trans-Nzoia Investment Company, the applicant hereinafter, asking us to strike out the notice of appeal and the record of appeal filed by Joseph Wanambisi and four other named persons, hereinafter the respondents. On 11th November, 2009, Ombija, J found the five respondents guilty of contempt of court and convicted them. On 16th December, 2009, the learned Judge ordered that each respondent was to pay a fine of Kshs.5000/- or in default be imprisoned for a term of six months. The respondents filed a notice of appeal against both orders on 17th December 2009, one day after the last order made on 16th December, 2009. Mr. Kiarie, learned counsel for the applicant, told us that two notices of appeal ought to have been filed, one against the order of 11th November, 2009 which should have been filed by 25th November, 2009 and a second notice against the order of 16th December, 2009.

The order of 11th November, 200…

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