Dirie & Sons Company Limited v Taita Ranching Company Limited [2015] KECA 489 (KLR)
- Court
- Court of Appeal
- Case number
- 489
- Citation
- [2015] KECA 489 (KLR)
- Decided
- 31 July 2015
The application is allowed, costs being in the appeal, and the applicant has leave to file and serve the notice and the record of appeal within twenty one days from the date of this ruling.
Facts
The High Court entered a judgment against the appellant in the sum of Kshs.3,300,000/- for rent for grazing and eco-tourism fees. The judgment was reserved for 1st September, 2014 but was not delivered. The appellant was not notified of the delivery date until 6th December, 2014.
Issues
- Whether the applicant had sufficient notice of the judgment delivery date.
- Whether the application is incompetent on account of having been brought in breach of Order 9 rule 9 of the Civil Procedure Rules.
Reasoning
The court ruled that the applicant had no notice of the judgment delivery date and that the delay was substantially caused by the court. The application was allowed due to the court's failure to notify the applicant of the new date for the delivery of judgment and the misplaced file.
Outcome
The application for extension of time to file and serve a Notice & Record of Appeal is allowed.
Orders
- The applicant has leave to file and serve the notice and the record of appeal within twenty one days from the date of this ruling.
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