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Jayesh Autospares Ltd v. Kapterit Rapid Co. Ltd, John Wepukhulu Waliaula & Attorney General

(2021) JELR 98291 (CA)

Court of Appeal  •  Civil Application 77 of 2020  •  19 Feb 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye

Judgement

RULING OF THE COURT

Before me is a Notice of Motion dated 9th July, 2020 under Rule 4 of the Court of Appeal Rules, substantively seeking orders that the time limited for filing and serving the respondent with the Notice of Appeal as well as filing and serving the record of appeal be enlarged and the same be filed and served within such time as the Court shall deem fit together with an attendant order that costs of or incidental to this application be borne by the applicant.

It is supported by grounds on its body, a supporting affidavit sworn by Priteshkumar Jayantilal Patel, together with annextures thereto. It has not been opposed by any replying affidavit.

The application was canvassed through applicant’s sole pleadings, written submissions and legal authorities relied upon by the applicant in support of the application. The applicant concedes judgment was delivered on 3rd March, 2020. They desired to appeal against it. They are aware they were obligated to file a notice of appeal wit…

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