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CHRISTOPHER MUGO KIMOTHO V. ATTORNEY GENERAL

(2009) JELR 97251 (CA)

Court of Appeal  •  Civil Appli 131 of 2008  •  23 Oct 2009  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya

Judgement

RULING

In an application expressed to have been field herein under rule 4 of the Court of Appeal Rules on 20th June, 2008 the applicant sought an order to extend time within which to file the record of appeal and also for costs thereof. The application was based on 6 grounds which are set out on the face thereof. They are that:-

“(i) The original Certificate of Delay was misplaced within counsel’s chambers.

(ii) The said Certificate of Delay has now been retrieved.

(iii) It is fit and just in the circumstances to so order.

(iv) That the interest of justice would be served by the granting of the orders sought.

(v) That the interest of justice would be served by the granting of the orders sought.

(vi) That no prejudice would be occasioned to the respondent if the sought orders are granted.”

The supporting affidavit to the application is in similar terms as the grounds set out on the face thereof except for minor details as to the dates when the certificate of delay went missing or was retrieved…

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