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Jemimah Caleb Otieno v. Mary Ang'awa & Charles Ang'awa

(2015) JELR 105178 (CA)

Court of Appeal  •  Civil Appeal (Application) 3 of 2013  •  20 Nov 2015  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. The respondents have moved this Court by a Notice of Motion dated 18th June 2014 and filed on 19th June 2014 to strike out the appellant’s appeal filed herein on 6th March 2013 as well as the Notice of Appeal lodged in the High Court on 20th November 2012. The application is said to be based on Rules 80 and 85 of the Court of Appeal Rules (the Rules) and is supported by an affidavit sworn by Hillary Mecheo Orina, an advocate, on behalf of the Respondents.

2. In opposition to the application, the appellant swore a replying affidavit on 19th December 2014. There is also a notice of preliminary objection filed by the advocates for the appellant contending that the application should itself be struck out as it was filed outside the time limited under Rule 84 of the Rules.

3. During the hearing of the application, Mr. Hillary Orina, learned counsel for the respondents, referred us to the application, the grounds in support and the supporting affidavit and urged that the…

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