Akamba Public Road Services Ltd v Gaudencia Atieno Amimo & 2 others [2006] KECA 279 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

CIVIL APPLICATION 350 OF 2005

AKAMBA PUBLIC ROAD SERVICES LTD……………...........…….………..APPLICANT

AND

GAUDENCIA ATIENO AMIMO (suing as an administrator and

personal representative of FRANCIS A. OKELLO (DECEASED)...1ST RESPONDENT

SHADRACK KAIGAI…….………………............………………………..2ND RESPONDENT

DANIEL KAIGAI……..………………............…………………………….3RD RESPONDENT

(Application for leave to dispense with the service of Notice of Appeal and all documentsrelating to this Appeal on Daniel Kaigai in the intended appeal from a judgment & decreeof the High Court of Kenya at Kisumu (Warsame, J) dated 24th November, 2005inH.C.C.C. NO. 173 OF 2001)*************

R U L I N G

This is an ex parte application brought under rule 76 of the Court of Appeal Rules in which the applicant seeks orders that leave be granted to dispense with service of the Notice of Appeal and all other documents relating to this appeal upon one DANIEL KAIGAI.  The application is supported by the affidavit of Mitchell J.R. Menezes an Advocate of the High Court.  It has been deponed that the said Daniel Kaigai never participated in the proceedings in the High Court.  This can be seen from the proceedings and judgment of the High Court annexed to Mr. Menezesaffidavit.

In view of the foregoing leave is hereby granted to dispense with service of the notice of appeal and all other documents relating to this appeal uponDaniel Kaigai.  Costs of this application shall abide outcome of the appeal.

MADE at KISUMU this 27th day of March, 2006.

E.O. O’KUBASU

…………………………..

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR