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JEDIEL MWIRIGI M'INOTI V. LUCIA KABURA FRANCIS

(2021) JELR 101019 (CA)

Court of Appeal  •  Civil Application 100 of 2018  •  5 Feb 2021  •  Kenya

Coram
Stephen Gatembu Kairu JA

Judgement

RULING

1. Being aggrieved and desiring to appeal against the judgment of the High Court at Meru (Gikonyo, J.) delivered on 28th May 2018, the applicant, Jediel Mwirigi M’Inoti, has by a notice of motion dated 7th August 2018 filed through the firm of C.M. Kingori Advocates applied under Rule 4 of the Court of Appeal Rules for an order for extension of time within which to file and serve a notice of appeal as well as a record of appeal.

2. He has explained in his supporting affidavit that the advocate who represented him at the time, one Ms. Muthoni Advocate, did not communicate to him that the judgment had been delivered on 28th May 2018; that he only became aware of the judgment “sometime in July 2018” whereupon he took matters into his own hands and applied for proceedings before thereafter instructing the advocates now on record who promptly filed the present application of 8th August 2018.

3. He complains that he intends to challenge the judgment of the High Court on grounds that it …

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