[2013] KECA 156 (KLR)
The Court found that since the respondents did not participate in the High Court proceedings and the ruling is against the applicants only, there is no prejudice to the respondents if service of documents in the appeal is dispensed with. The Court exercised its discretion under Rule 77 of the Court of Appeal Rules...
Source-derived case information.
- Citation
- [2013] KECA 156 (KLR)
- Parties
- Applicant: Tullow Oil PLC Africa Oil Turkana Ltd Africa Oil Kenya B.V. Angus McCross; 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 77 of 2013
- Procedural Posture
- Civil Application / Application for Leave to Dispense With Service of Documents on Respondents
- Outcome
- application allowed
- 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
Tullow Oil PLC Africa Oil Turkana Ltd Africa Oil Kenya B.V. Angus McCross
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 on Respondents
Legal Issues
- 1 Whether the applicants should be granted leave to dispense with service of documents in the appeal upon the respondents.
- 2 Whether the absence of respondents in the High Court proceedings justifies dispensing with service in the appeal.
Ratio Decidendi
The Court found that since the respondents did not participate in the High Court proceedings and the ruling is against the applicants only, there is no prejudice to the respondents if service of documents in the appeal is dispensed with. The Court exercised its discretion under Rule 77 of the Court of Appeal Rules to allow the application, granting leave to the applicants to proceed without serving the respondents with documents in the appeal. Costs were ordered to be in the appeal.
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
26 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
CORAM: J. MOHAMMED, J.A. [IN CHAMBERS]
CIVIL APPLICATION NO. NAI 77 OF 2013
BETWEEN
TULLOW OIL PLC AFRICA OIL TURKANA LTD AFRICA
OIL KENYA B.V.ANGUS MCCROSS ………...................……………APPLICANTS
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. The ruling is against the applicants only. The 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