TREE SHADE MOTORS LIMITED V. JOSEPH RADING WASAMBO

RULING OF THE COURT

:This is an application brought under rule 80 of the Court of Appeal Rules (the Rules) by Joseph Wasambo (the respondent) to strike out the Notice of Appeal dated 4th July, 1995 and the appeal subsequently filed by Tree Shade Motors Ltd (the appellant), on the ground that the appellant did not serve the Notice of Appeal on D.T. Dobie and Co. (K) Ltd (D.T. Dobie) a party directly affected by the appeal within the meaning of rule 76(1) of the Rules.

The respondent sued the appellant and D.T. Dobie in the superior court seeking the return of his motor vehicle Nissan Sentra KXT 657 which he had taken to D.T. Dobie on 20th January, 1992 to be repaired. D.T. Dobie did not repair the vehicle but sold it to the appellant to recover what they called "work done on the motor vehicle and storage charges."

D.T. Dobie filed a defence to the suit but the appellant did not with the result that the respondent obtained a default judgment against it. The appellant then applied to set as…