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Housing Finance Company of Kenya v. Rose Wangari Ndegwar

(2011) JELR 105364 (CA)

Court of Appeal  •  Civil Appeal (Application) 83 of 2008  •  4 Mar 2011  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joseph Gregory Nyamu



This is an application brought under Rules 42(1) and 80 of the Court of Appeal Rules. The applicant, HOUSING FINANCE COMPANY OF KENYA seeks orders that the appeal filed on 2nd May, 2008 by the appellant/respondent ROSE WANGARI NDEGWA be struck out with costs to the applicant. The application which is supported by the sworn affidavit of MANSUR MUATHE ISSA is brought on the following grounds:- “(a) The appellant has not filed her Appeal within the prescribed time limited by Rules 81 of the Court of Appeal Rules.(b) The appellant cannot rely on the proviso to Rule 81 of the Court of Appeal Rules as the letter requesting for typed proceedings has never been served on the Respondent/Applicant or its Advocates firm on record, the firm of Issa and Company Advocates.(c) The Appellant has not served the Notice of Appeal on the 2nd, 3rd and 4th defendants within the prescribed period.(d) The order subject matter of the Appeal does not conform to the Ruling of the learned judg…

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