Tullow Oil Plc Africa Oil Turkana Ltd Africa Oil Kenya B.V. Angus Mccross v National Oil Corporation of Kenya, Platform Resources Inc, Alec Edward Robinson, Sumayya Athmani [MD Nock] & China National Offshore Oil Corporation [2013] KECA 156 (KLR)

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