[2016] KECA 643 (KLR)
The Court applied the reasoning and findings in Civil Application No. 50 of 2015, as the parties, issues, and submissions were identical. The Court found that the Notice of Appeal lodged by the 1st respondent was defective and did not comply with the procedural requirements under the Court of Appeal Rules. As a...
Source-derived case information.
- Citation
- [2016] KECA 643 (KLR)
- Parties
- Applicant: Africa Oil Turkana Limited; Applicant: Africa Oil Kenya BV; Applicant: Africa Oil Corporation; Respondent: Maosa Kengara Monena; Respondent: Edward Kings Onyancha Maina; Respondent: Centric Energy Corporation; Respondent: Interstate Petroleum Company Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Application 51 of 2015
- Procedural Posture
- Civil Application / Ruling on Application to Strike Out Notice of Appeal
- Outcome
- application allowed; notice of appeal struck out with costs to applicants
- Judges
- DK Maraga, AK Murgor
- Legal Topics
- Notice of Appeal, Striking Out Applications, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Africa Oil Turkana Limited
Applicant
Africa Oil Kenya BV
Applicant
Africa Oil Corporation
Applicant
Maosa Kengara Monena
Respondent
Edward Kings Onyancha Maina
Respondent
Centric Energy Corporation
Respondent
Interstate Petroleum Company Limited
Respondent
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal lodged by the 1st respondent on 21st July 2015 should be struck out.
- 2 Whether the applicants' Notice of Motion dated 17th September 2015 should be allowed.
Ratio Decidendi
The Court applied the reasoning and findings in Civil Application No. 50 of 2015, as the parties, issues, and submissions were identical. The Court found that the Notice of Appeal lodged by the 1st respondent was defective and did not comply with the procedural requirements under the Court of Appeal Rules. As a result, the applicants' Notice of Motion to strike out the Notice of Appeal was allowed. The Notice of Appeal lodged on 21st July 2015 was struck out with costs awarded to the applicants.
Court Disposition
application allowed; notice of appeal struck out with costs to applicants
Orders
- The applicants' Notice of Motion dated 17th September 2015 is allowed.
- The Notice of Appeal lodged on 21st July 2015 is struck out.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA, GATEMBU, & MURGOR, JJA.)
CIVIL APPLICATION NO. 51 OF 2015
BETWEEN
AFRICA OIL TURKANA LIMITED………….....…….…....1ST APPLICANT
AFRICA OIL KENYA BV.……………………...…………...2ND APPLICANT
AFRICA OIL CORPORATION…………………....…...…..3RD APPLICANT
AND
MAOSA KENGARA MONENA …………………...….…1ST RESPONDENT
EDWARD KINGS ONYANCHA MAINA…….........…..…2ND RESPONDENT
CENTRIC ENERGY CORPORATION…………..….........3RD RESPONDENT
INTERSTATE PETROLEUM COMPANY LIMITED……..4TH RESPONDENT
(An Application to strike out Notice of Appeal lodged by the 1st respondent on 21st July 2015, in the intended appeal against the Judgment and order of Kimondo, J, dated 2nd July 2015 and delivered in the High Court of Kenya at Eldoret,in
Winding Up Cause No. 1 of 2014 (formally Winding Up Cause No 1 of 2012 Kitale)
RULING OF THE COURT
This application arises from the same judgment as Civil Application No. 50 of 2015. The parties are the same, the averments by the parties who appeared were the same, as were their submissions, save that the 1st respondent in this instance is, Maosa Kengara Monena who despite having been served did not appear in Court.
Given these circumstances, the parties consented to adopt the submissions made in Civil Application No. 50 of 2015 for the purposes of this application, and for this reason we did not consider it necessary to write two different rulings.
Accordingly, the ruling we have just delivered in Civil Application No. 50 of 2015 applies mutatis mutandis to this application with the end result that the applicants’ Notice of Motion herein dated 17th September 2015 is similarly allowed, and the Notice of Appeal lodged on 21st July 2015 is struck out with costs to the applicants.
It is so ordered.
DATED and delivered at Kisumu this 21st day of April, 2016.
D. K. MARAGA
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
JUDGE OF APPEAL
A. K. MURGOR
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR