KOBIL PETROLEUM LIMITED V SHREEJI TRANSPORTERS (1990) LIMITED & 2 OTHERS [2013] KEHC 5064 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Civil Case 448 of 1999

KOBIL PETROLEUM LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF

SHREEJI TRANSPORTERS (1990) LIMITED:::::::::::::1^ST DEFENDANT

ROBRIC LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::2^ND DEFENDANT

PETER B. GACHAU::::::::::::::::::::::::::::::::::::::::::::::::::::::::3^RD DEFENDANT

1.           This is a Ruling on the Notice of Motion dated 7^th December 2012. It seeks the following orders:-

1.      That the time within which to file the Notice of Appeal be extended.

2.      That the Notice of Appeal annexed and filed be deemed as having been duly filed and served on payment of the requisite court fees.

3.      That the costs of this application be in the cause.

2.           The application is premised on the grounds that are set out in the application and on the affidavit of PETER BORO GACHAU dated 7^th December 2012.

3.              The application is not opposed. The Respondent has left the decision thereon to this court.  

4.              I have carefully considered the application. I find that it has been filed without undue delay. I also find that there will no prejudice to be suffered by the Respondents if the orders are granted. In the interest of justice I allow the application as prayed with no orders as to costs.

DATED, READ AND DELIVERED AT NAIROBI

THIS 11^TH DAY OF FEBRUARY 2013

E. K. O. OGOLA

M/s Mreu for 2^nd and 3^rd Defendants