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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

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 by the applicant which contended that, when the judgment was delivered on 12th July 2019, the learned judge read out the summary of the judgment and thereafter ordered the parties to obtain the full judgment from the registry; that the applicant’s advocates frantically sought to obtain the judgment, but without success; that an uncertified copy of the judgment was eventually released on 29th July…

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