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Beth Muthoni Njau & Eddie Njau v. City Finance Bank Limited

(2019) JELR 103586 (SC)

Supreme Court  •  Civil Application 18 of 2019  •  29 Nov 2019  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application by the Applicants dated 7th June 2019 and filed on 10th June 2019 brought under Sections 3 and 31(d) of the Supreme Court Act as well as Rules 3, 26 and 53 of the Supreme Court Rules, 2012 seeking an extension of time to file an appeal out of time against the Ruling and Orders of the Court of Appeal in Nairobi Civil (Application) No.271 of 2010; and;

[2] UPON reading the Applicant’s grounds in support of the Application together with the Supporting Affidavit of Beth Muthoni Njau sworn on 7th June 2019 and;

[3] UPON considering the Applicant’s written submissions dated and filed on 28th June 2019 wherein the Applicants urge that they are seeking an extension of time to file an appeal against a Ruling delivered by the Court of Appeal on 9th November 2019; and that the delay in filing it was occasioned by the Court of Appeal’s failure to supply the relevant Judges’ notes until 8th May 2019, and that therefore the delay i…

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