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Aineah Liluyani Njirah v. Agha Khan Health Services

(2013) JELR 105539 (CA)

Court of Appeal  •  Civil Appllication 194 of 2009  •  12 Jul 2013  •  Kenya

David Kenani Maraga, Roselyn Naliaka Nambuye, Kathurima M'inoti



In his Notice of Motion dated 2nd July 2009 and brought under Rule 4 of the Court of Appeal Rules, the applicant sought leave of this Court to file the notice and record of appeal out of time. After hearing the application, a single Judge of this Court, Githinji, JA, dismissed it on 17thDecember, 2009. Thereafter the applicant made a reference to the Court and the same came before us on 23rd May 2013. In the course of presenting his case, the applicant sought to refer to Clause 7 of the policy of insurance between his former employer, the United Nations (UN) and its insurer. As a copy of that policy is not part of the record in this application, we restrained him from making further reference to it. We had at that time, however, got the substratum of the clause. It was to the effect that UN effected the insurance for the benefit of its employees.

The disclosure of the fact that UN effected the insurance for the benefit of its employees, including the applicant, has g…

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