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Daniel Nganga K anyi v. Sosphinaf Company Ltd; James Gatiku Ndolo

(2005) JELR 102898 (CA)

Court of Appeal  •  Civil Appeal (Application) 315 of 2001  •  30 Sep 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

RULING OF THE COURT

The application before us seeks an order striking out the main appeal for the reason that it was filed out of time. The appeal is against the judgment/decree of the Superior Court given on the 23rd March, 2001. A notice of appeal was timeously filed and served, and a letter bespeaking copies of the proceedings was written to the Deputy Registrar on 27th March, 2001. As the letter complied with the provisions of rule 80 of the Rules of this Court, the time limited by rule 81 for filing the appeal would not begin to run until the registrar had issued his certificate for the period required for preparation and delivery of such copies to the appellants. Put another way, that period is excluded from computation of time by issuance of a certificate of delay by the registrar. In this matter, a certificate of delay was issued by the deputy registrar on the 2nd October, 2001. As it forms the gravamen of the applicant’s contentions, we set it out fully:-

“CERTIFICATE OF DELAY

I…

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