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CHARLES KARATHE KIARIE, THOMAS WANYOIKE WAINAINA & KALANG ENTERPRISES V. ADMINISTRATORS OF THE ESTATE OF JOHN WALLACE MATHARE (DECEASED), ADMINISTRATORS OF THE ESTATE OF DENNIS WAWERU RIMUI (DECEASED) & ADMINISTRATORS OF THE ESTATE OF JOYSE WANJA GITAU (DECEASED)

(2019) JELR 97265 (SC)

Supreme Court  •  Application 1 of 2014  •  17 Dec 2019  •  Kenya

Coram
Smokin C Wanjala SCJ

Judgement

RULING OF THE COURT

[1] UPON perusing the Notice of Motion Application by the Applicants dated 12th June 2018, brought under Rules 21, 49 and 53 of the Supreme Court Rules, 2012 and Article 163 of the Constitution, seeking an extension of time to file a Reference against the Taxation Ruling and Orders of the Supreme Court Deputy Registrar dated 13th April, 2018 in Supreme Court, Civil Application No. 1 of 2014; and

[2] UPON reading the Applicants’ Supporting Affidavit sworn on 12th June 2018; and

[3] UPON considering the Applicants’ written submissions dated 12th June 2018, and filed on 8th August 2018, wherein the Applicants submit that, the delay in filing the Reference under Rule 49 of the Supreme Court Rules 2012, was occasioned by the Supreme Court Registry’s delay in furnishing them with a copy of the typed proceedings; that the typed proceedings were only availed to the Applicants on 17th May 2018; and

[4] UPON reading the 1st and 2nd Respondents’ Replying Affidavit sworn on 10th J…

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