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Eric Gor Sunguh v. George Odinga Oraro

(2010) JELR 102393 (CA)

Court of Appeal  •  Civil Application 195 of 2008  •  24 Sep 2010  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Joseph Gregory Nyamu



By his notice of motion dated 23rd July, 2008 the applicant asked a single Judge of this Court (Githinji, J.A.) under rule 4 of the Rules of this Court to extend the time for lodging an application to re-hear the respondent’s notice of motion dated 23rd January, 2007 which application had sought the striking of the notice of appeal filed by the applicant. The application was heard and allowed on 17th April 2008 in the absence of the applicant’s counsel Mr Amuga. Essentially, what was before our brother Justice Githinji, J.A. was an application under Rule 55(4) to extend the stipulated 30 days because for the reasons given to the Court, the applicant could not file an application for restoration within 30 days. The applicant further sought an order that the notice of motion dated 18th July, 2008 filed in Civil Application No. Nai 10 of 2007 under Rule 55(3) be deemed as properly filed and served.

The motion was eventually heard and by a ruling delivered on 12th Novemb…

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