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Aron Kibiwot Chepsiror v. Florence Chemonges

(2018) JELR 105598 (CA)

Court of Appeal  •  Civil Appeal (Application) 66 of 2017  •  1 Mar 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an application under Rule 84 of the Court of Appeal Rules for an order that the appeal herein be struck out with costs on the grounds, firstly, that the appeal was filed out of time, and, secondly, the record of appeal was served out of time.

[2]The ground that the appeal was filed out of time is, as the supporting affidavit shows, based on the allegation that the respondent did not serve a letter bespeaking the proceeding on the applicant and that no such letter exists. Rule 82 (1) of the Court of Appeal Rules provides that an appeal shall be instituted within sixty days of the date when the notice of appeal was lodged. However, the proviso to that Rule provides that where an application for a copy of the proceedings has been made within 30 days of the date of the decision the time certified by the Registrar of the court appealed from as having been required for preparation and delivery of such copy to the appellant shall be excluded from computation of …

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