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JANET NYANDIKO V. KENYA COMMERCIAL BANK LIMITED

(2014) JELR 101059 (CA)

Court of Appeal  •  Civil Application Nai 249 of 2013 (Ur 179/2013)  •  24 Oct 2014  •  Kenya

Coram
Jamila Mohammed

Judgement

RULING

This is an application by way of Notice of Motion dated 12th August, 2013 expressed to be brought under Rules 4, 41, 42 and 49 of the Court of Appeal

Rules (the Rules). The applicant seeks the following orders:

That this Honourable Court be pleased to grant the applicant leave to file her Notice of Appeal and Record of Appeal out of time against the Judgment/Award of the Industrial Court delivered on 8th February, 2013 by the Honourable Mr. Justice Nzioki Wa Makau in Industrial Court Cause No. 165 of 2011.

That the Honourable Court be pleased to grant the Applicant herein time to file Notice of appeal and appeal after the grant of such leave.

Costs for the application be in the intended appeal.

The grounds upon which the applicant relies on in support of her application are that firstly, being aggrieved with the judgment she is desirous of appealing against it; secondly, that the clerk in charge of the file left the firm having not lodged the notice of appeal within 14 days despit…

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