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(2006) JELR 105445 (CA)

Court of Appeal  •  Civil Appli Nai 303 of 2005  •  24 Feb 2006  •  Kenya

Emmanuel Okello O'Kubasu



This is an application by way of Notice of Motion stated to have been brought under Rules 4, 76 and 81 of the Court of Appeal Rules in which the applicant, Jerusha Wairimu Kamau seeks orders that:-

“1. The Honourable Court be pleased to extend the time to appeal out of time.

2. That the costs of the application be provided for.”

This application is brought on the following grounds:-

“a) Certified copies of proceedings were applied for on 11th May, 2004.

b) That upon lodging the application for the said certified proceedings with the Deputy Registrar it took between 11th May, 2004 to 26th May, 2005 to have the proceedings typed and certified.

c) That the certificate of delay as issued by the Deputy Registrar covers the period up to 26th May, 2005.

d) That the certificate of delay was executed on 11th August, 2005.

e) That an appeal cannot competently be filed using the certificate as time lapsed before the certificate of delay could be secured by the appellant.

f) That the copies of certi…

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