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(2013) JELR 106809 (CA)

Court of Appeal  •  Civil Application . 23 of 2012  •  20 Dec 2013  •  Kenya

Festus Azangalala



The application before me dated 16th July, 2013 seeks only one order, a part from costs namely:-

“That the Hon. Court be pleased to extend time to enable the applicant to file and serve Notice of Appeal out of time against the judgment and decree of the Honourable lady justice Ali-Aroni dated 8/12/2011.”

The applicant is Dismas Otany Otany and the respondent is John Osonga Mimbi. The applicant supported the application by his affidavit sworn on 16th July, 2012. Paragraphs 4, 5, 6 and 7 of the affidavit appear to be the only paragraphs of any relevance to the application for extension of time. They are expressed as follows:-

“4. That when the judgment was delivered on 8th December, 2011 my Advocate who was on record did not notify me on time and only came to realize later that the judgment had been delivered.

That the delay in filing the Notice of Appeal was occasioned by the Advocate not informing me in time of the courts (sic) decision in order to instruct him further.

That my appe…

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