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Charo Karisa Ngulu v. Kihuba Holdings Limited

(2020) JELR 103243 (CA)

Court of Appeal  •  Mombasa Civil Application 45 of 2020  •  29 Jan 2020  •  Kenya

Coram
Fatuma sichale

Judgement

RULING OF THE COURT

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By a Notice of Motion dated 15th June, 2020, the applicant, Charo Karisa Ngulu seeks inter alia, the following order under Rule 4 of this Court’s Rules.

“That this Hnourable Court be pleased to extend time for filing and service of the Notice of Appeal and record of Appeal and deem the notice of Appeal lodged on the 25th March, 2019 and served on the 26th March, 2019 and the record of appeal filed and lodged on the 2nd June, 2020 and served on the 4th of June, 2020 as properly filed and served”.

The grounds in support of the application as detailed on the face of the motion and in the supporting affidavit of the applicant similarly dated are that: the applicant was dissatisfied with the Court’s decision delivered on 7th March, 2019 allowing amendment of pleadings; that he instructed his advocates to lodge a notice of appeal on 25th March, 2019 but he faced financial constraints in raising funds for typing of proceedings until November, 2019 whe…

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