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DIRIE & SONS COMPANY LIMITED V. TAITA RANCHING COMPANY LIMITED

(2015) JELR 106810 (CA)

Court of Appeal  •  Civil Application 1 of 2015  •  31 Jul 2015  •  Kenya

Coram
William Ouko

Judgement

RULING

Under Rule 4 of the Court of Appeal Rules, this Court, on its terms may extend time limited either by the Rules or by its own decision or a decision of any superior court below for doing any act.

The applicant relying on that rule seeks in a motion filed on 28th January, 2015, that time fixed by the rules for the filing and serving a notice and record of appeal be extended so that it can challenge in this court, the decision of the High Court (Mukunya, J.) made on 6th November, 2010 in which judgment was entered against it in the sum of Kshs.3,300,000/- being rent for grazing and eco-tourism fees. The applicant contends that after the suit was heard judgment was reserved for 1st September, 2014 but was not delivered. No notice of the delivery date after the 1st September, 2014 was issued; that it was on 6th December, 2014, by a letter from the respondent’s advocates that the applicant’s attention was drawn to the fact that the judgment had in fact been delivered on 6th December, …

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