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Constance Kembi Chivatsi v. Bash Hauliers Limited

(2019) JELR 103083 (CA)

Court of Appeal  •  Civil Application 79 of 2019  •  17 Oct 2019  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT MALINDI

CORAM: MURGOR, J.A.

CIVIL APPLICATION NO. 79 OF 2019

BETWEEN

CONSTANCE KEMBI CHIVATSI.......APPLICANT

AND

BASH HAULIERS LIMITED..........RESPONDENT

(Being an application for extension of time and leave to file and serve a Notice of Appeal from the Judgment of the High Court at Malindi, Nyakundi, J delivered on 12th July 2019 in Succession Cause No. 4 of 2011)

***********

RULING

By a Notice of Motion dated 20th May 2019 brought under rules 4 and 42 (2), of the Court of Appeal Rules, sections 3A of the Appellate Jurisdiction Act and sections 1A and B of the Civil Procedure Act, the applicant, Constance Kembi Chivatsi has sought orders for extension of time within which to file and serve a Notice of appeal against the orders of the High Court dated 12th July 2019, and further for the draft Notice of appeal attached to the motion to be deemed as properly filed and served.

The motion was expressed to be made on several grounds and was supported by an affidavit sworn b…

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