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ERES N. V. & ERES ENTERPRISES LIMITED V. MAINA MURAGE & CO. ADVOCATES

(2014) JELR 102397 (CA)

Court of Appeal  •  Civil Application 16 of 2013  •  13 Feb 2014  •  Kenya

Coram
Fatuma sichale

Judgement

RULING

The applicants, Eres N.V. and Eres Enterprises Limited filed a notice of motion application dated 10th September, 2013 and sought the following orders:

1. THAT this Honourable Court do order that the time limited by the rules of the Court for the filing and service of Notice of Appeal be extended.

2. THAT the Applicants herein be given leave to file and serve Notice of Appeal upon MAINA MURAGE and CO. ADVOCATES.

3. THAT costs of this application be provided for.

The application was premised on the following grounds:

a. THAT the decision was given on 20th September 2012 by the Honourable Justice Mwongo on behalf of M K Ibrahim sitting in the High Court in Mombasa

b. THAT the applicant is aggrieved by the aforesaid decision and wish to appeal to the Court of Appeal against the whole of the decision.

c. THAT prior to the coming into force of the Constitution 2010, leave was required to appeal against such decisions.

d. THAT due to the changes effected by the coming into force of the new …

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