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David Oteba Ooko v. Peter Joe Emongor

(2015) JELR 98384 (CA)

Court of Appeal  •  Civil Application 78 of 2014  •  19 Mar 2015  •  Kenya

Coram
David Kenani Maraga

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: MARAGA, JA (IN CHAMBERS)

CIVIL APPLICATION NO. 78 OF 2014

BETWEEN

DAVID OTEBA OOKO..................................................................... APPLICANT

AND

PETER JOE EMONGOR ................................................................RESPONDENT

(An Application for enlargement or extension of time to lodge a Notice of Appeal against the judgment of the High Court of Kenya at Busia (Kibunja, J.) dated 19th June, 2014

in

ELC NO. 101 OF 2013)

******************

RULING

1. This is an application brought principally under Rule 4 of the Court of Appeal Rules for leave to file the notice and record of appeal out of time. The application is based on the grounds that though the applicant instructed his erstwhile counsel to appeal against the judgment in Busia HCC No. 101 of 2013 immediately after its delivery, that counsel did not file the notice of appeal. When, thirty days after that, the applicant realized that his instructions had not been carried ou…

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