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(2018) JELR 102765 (CA)

Court of Appeal  •  Civil Application 356 of 2012  •  31 Jan 2018  •  Kenya

Hannah Magondi Okwengu



[1] By a notice of motion dated 23rd July, 2013 Delphine Kanuu Kamau, who is the appellant in Civil Appeal No.356 of 2012 (herein referred to as the applicant) sought orders from this Court as follows:

“(i) That the applicants notice of appeal dated 3rd August, 2012 that had been filed and served upon the respondent be deemed to have been duly filed and served within time.

(ii) That the appellant’s record of appeal filed on 20th September, 2012 and already served on the respondent be deemed to have been duly filed and served within time”.

[2] In his affidavit and that of his advocate sworn in support of the motion the appellant explained that the notice of appeal was filed in Court within time on the 6th of August, 2012, but was only signed as lodged by the Deputy Registrar on 8th of August, 2012; that the notice of appeal was subsequently served on the respondents advocate on the 15th of August, 2012 which was within 7 days as required under rule 77(1) of the Court of Appeal Rules…

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