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Beatrice Lukalo & Margaret Osolika v. Tom Lukalo

(2015) JELR 105508 (CA)

Court of Appeal  •  Civil Application 72 of 2014 ( UR 51/2014)  •  25 Mar 2015  •  Kenya

Alnashir Ramazanali Magan Visram, David Kenani Maraga, Sankale ole Kantai



1. In their Notice of Motion dated 25th September 2014, BEATRICE LUKALO and MARGARET OSOLIKA (the applicants) have applied for extension of time to seek leave to appeal to the Supreme Court against the judgment of this Court (Onyango Otieno, Azangalala and Kantai, JJ.A) dated and delivered on 11th July 2014 in Civil Appeal No. 95 of 2011. The application is brought under the provisions of Sections 3A and 3B of the Appellate Jurisdiction Act, Rules 4, 39, 40, 41,42 and 43 of the Court of Appeal Rules and Articles 95(2)(a), (d) and (e) and 163(3) (b) and (4)(b) of the Constitution and is based on the grounds that the failure to seek leave within a reasonable time was due to counsel for the applicants’ error of sending a letter to the applicants seeking instructions to a wrong address. As a result of that error the applicants only got to know of this Court’s said judgment on 1st September, 2014, and immediately re-instructed their counsel to make this application.

2. In…

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