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James Ngirine Mikuari v. Michael Kilemi & 2 others

(2021) JELR 101096 (CA)

Court of Appeal  •  Civil Application 17 of 2019  •  29 Jan 2021  •  Kenya

Daniel Kiio Musinga



1. I must start this ruling by tendering my unreserved apology to the parties and their advocates in this matter for the inordinate delay in delivering this ruling. The reason for this delay is that in the course of my movement from Nyeri to Malindi, some files were misplaced, and this is one of them. That fact came to my attention late last year (2020), when one of the parties made an enquiry about the ruling. I requested for reconstruction of this file after all efforts to trace the original one bore no fruit.

2. The applicant’s application dated 22nd February 2019 seeks extension of time to file an appeal against the judgment in

3. The application was supported by the applicant’s affidavit where he stated, inter alia, that the impugned judgment was delivered without any notice; that he became aware of the judgment when he received a call from his advocate informing him that she had been served with a bill of costs by the 1st respondent’s counsel; that by then the t…

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