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JAYESH VIJAY PATEL V. SAMUEL WATUKA MUINDI

(2020) JELR 101026 (CA)

Court of Appeal  •  Civil Application 97 of 2020  •  24 Jul 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia JA

Judgement

RULING

This is an application dated 6th April, 2020 by the applicant seeking leave to file his Notice of Appeal out of time against the judgment of the High Court, (G. v. Odunga, J.) delivered on 9th March 2020. The application is brought under Rule 4 of the Court of Appeal Rules, Article 159(2) (d) of the constitution and Sections 1A, 1B, 3 and 3A of the Civil Procedure Act. The application is premised on the grounds that; following delivery of judgment by the trial court on 9th March, 2020 there was an outbreak of Corona Virus and directions were issued by the Chief Justice limiting access to courts, registries and court operations on 15th March, 2020. That further directions were issued on 23rd and 26th March, 2020 respectively directing judicial staff to work from home with a limited number of appointed personnel in the registries to handle urgent matters. That due to the government directive that citizens should work from home, the applicant’s advocate’s office was closed save for…

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