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Elizabeth Wambui Githuku v. Alice Wanjiku Ngatia

(2009) JELR 102466 (CA)

Court of Appeal  •  Civil Appli. 150 of 2008  •  12 Jun 2009  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno



Before us is a reference to the full Court pursuant to rule 54 (1) (b) of the Court of Appeal Rules. The notice of motion dated 14th May 2008 and filed on the same day sought an order:-

1. That this Honourable Court be pleased to extend time and grant leave to the applicant to lodge and serve notice of appeal and record of appeal out of time.”

It also sought an order for costs to abide the result of the intended appeal. The grounds for that application were:-

“(a) That the applicant was not aware that her appeal had been dismissed for want of prosecution until 5 months after the Court order.

(b) The applicant applied for an order of review of the dismissal order by a notice of motion dated 13/10/06, and the application was dismissed on 22/4/08.

(c) The applicant thereafter decided to apply for leave to appeal against the order of 17th May, 2006, as her appeal was dismissed under XL1 rule 31 (2) of the Civil Procedure Rules.”

In the affidavit sworn by the applicant in supp…

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