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Erick Njenga Watitu v. Nakuru Packers Limited

(2020) JELR 102378 (CA)

Court of Appeal  •  Civil Application 74 of 2018  •  7 Aug 2020  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: MURGOR, JA)

CIVIL APPLICATION NO. 74 OF 2018

BETWEEN

ERICK NJENGA WATITU

(Suing as personal representative of the

Estate of Monica Nyambura (Deceased) .................................APPLICANT

AND

NAKURU PACKERS LIMITED.........................................RESPONDENT

(Application for leave to file an Appeal out of time and Eric Njenga Watitu to be joined as appellant in place of the late Monica Nyambura Watitu (Deceased) in ELC No. 546 of 2016 being appeal from the ruling of (Visram, J (as he then was)) on 29th September, 2003)

*************

RULING

By a Notice of Motion dated 9th April 2018, the applicant Erick Njenga Watitu (Suing as personal representative of the Estate of Monica Nyambura (Deceased) has sought for time to be extended to file an appeal out of time. The application is premised on grounds that the defendant in the trial court deceased had intended to file an appeal against the decision of the High Court (Visram, J) as he then was)) made …

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