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HAMENDRA MANSUKHLAL SHAH v. ALNOOR KARA & PREMIER SAVINGS & FINANCE LIMITED

(2001) JELR 98331 (CA)

Court of Appeal  •  Civil Appli 104 of 2000  •  19 Jan 2001  •  Kenya

Coram
Akilano Molade Akiwumi, Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

:By this reference the applicant asks us to set aside the decision of the learned single judge of this Court by which she refused to exercise her discretion by granting leave to the applicant to file and serve a notice of appeal and lodge an intended appeal out of time.

The delay involved in failing to file the Notice of Appeal is 47 days. There is no evidence whatsoever that the Court file went missing from the Registry within that period. After all this fact alone could not prevent the applicant from lodging the Notice. Moreover, it is trite law that a notice of appeal is a simple and not a complicated document which does not need a lot of ceremony to lodge. Especially where the applicant's Advocate had 7 days after the decision intended to be appealed against, applied to withdraw from representing the applicant, an affidavit from that Advocate's clerk explaining the delay in lodging the Notice of Appeal was crucial. But no such affidavit was filed in support of th…

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