[2013] KECA 160 (KLR)
The Court found that the respondents did not participate in the High Court proceedings and the ruling was only against the applicant. Furthermore, the ruling does not affect or prejudice the respondents. Therefore, the Court exercised its discretion under Rule 77 of the Court of Appeal Rules to grant leave to the...
Source-derived case information.
- Citation
- [2013] KECA 160 (KLR)
- Parties
- Applicant: 0903658 B.C. Limited previously known as Centric Energy Corporation; Respondent: National Oil Corporation of Kenya; Respondent: Platform Resources Inc; Respondent: Alec Edward Robinson; Respondent: Sumayya Athmani [MD NOCK]; Respondent: China National Offshore Oil Corporation
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Application 75 of 2013
- Procedural Posture
- Civil Application / Application for Leave to Dispense With Service of Documents
- Outcome
- application allowed
- Judges
- A Mohammed
- Legal Topics
- Service of Documents, Leave of Court, Ex Parte Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
0903658 B.C. Limited previously known as Centric Energy Corporation
Applicant
National Oil Corporation of Kenya
Respondent
Platform Resources Inc
Respondent
Alec Edward Robinson
Respondent
Sumayya Athmani [MD NOCK]
Respondent
China National Offshore Oil Corporation
Respondent
Procedural Posture
Civil Application / Application for Leave to Dispense With Service of Documents
Legal Issues
- 1 Whether the applicant should be granted leave to dispense with service of documents in the appeal upon the respondents.
- 2 Whether the respondents are affected or prejudiced by the ruling of the High Court.
Ratio Decidendi
The Court found that the respondents did not participate in the High Court proceedings and the ruling was only against the applicant. Furthermore, the ruling does not affect or prejudice the respondents. Therefore, the Court exercised its discretion under Rule 77 of the Court of Appeal Rules to grant leave to the applicant to dispense with service of documents in the appeal upon the respondents.
Court Disposition
application allowed
Orders
- Leave is granted to dispense with service of documents in the appeal upon the respondents.
- Costs shall be in the appeal.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL AT ELDORET
CORAM: J. MOHAMMED, J.A. [IN CHAMBERS]
CIVIL APPLICATION NO. NAI 75 OF 2013
BETWEEN
0903658 B.C. LIMITED PREVIOUSLY KNOWN AS CENTRIC
ENERGY CORPORATION ………. ........................................................APPLICANT
AND
NATIONAL OIL CORPORATION OF KENYA ………….........1ST RESPONDENT
PLATFORM RESOURCES INC ……………………………..2ND RESPONDENT
ALEC EDWARD ROBINSON …..............................................3RD RESPONDENT
SUMAYYA ATHMANI [MD NOCK] ………………………...... ..4TH RESPONDENT
CHINA NATIONAL OFFSHORE OIL CORPORATION ….... 5TH RESPONDENT
(An ex parteapplication from the ruling & order of the High
Court of Kenya at Kitale (Karanja, J) dated 5th March, 2013 in
KITALE JRC NO. 1 OF 2012)
R U L I N G
This ruling arises from the application under rules 42 and 77dated 25th March, 2013 and lodged on 26th March, 2013.
This is an ex parteapplication brought under rule 77 of the Court of Appeal Rulesin which the applicants are seeking leave of the Court to dispense with service of documents in the appeal upon the 1st to 5th respondents.
The said respondents did not participate in the proceedings in the High Court and the ruling is against the applicants only. Further, the said ruling does not affect or prejudice the respondents herein.
In view of the foregoing, this application is allowed and leave is hereby granted to dispense with service of documents in the appeal upon the respondents herein. Costs shall be in the appeal.
Dated and delivered at Eldoret this 16th day of October, 2013.
J. MOHAMMED
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR