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Base Titanium Limited v. County Government of Mombasa & Attorney General

(2019) JELR 105796 (SC)

Supreme Court  •  Petition (Application) 22 of 2018  •  17 Dec 2019  •  Kenya

Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu



[1] UPON perusing the Notice of Motion application dated 28th September 2018, and filed on even date for enlargement of time to file a Supplementary Record of Appeal out of time in an appeal against the Judgment and Orders of the Court of Appeal delivered on 15th July, 2018 in Civil Appeal No. 69 of 2017, brought under the Provisions of Rules 21(1) and 53 of the Supreme Court Rules, 2012; and

[2] UPON reading the Applicant’s supporting affidavit sworn by DESTERIO OYATSI on 28th September, 2018; and

[3] UPON considering the written submissions filed by the Applicant on 17th October, 2018 wherein it is contended that the Applicant was unable to extract the formal Order appealed against from the Court of Appeal within the stipulated period of fifteen 15 days from the date of filing a Notice of Appeal, hence omitting the said Court Order from the Record of Appeal before this Court; that the delay in extracting the Order was occasioned by the 1st Respondent’s change of adv…

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