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(2011) JELR 100696 (CA)

Court of Appeal  •  Civil Application 55 of 2011  •  8 Jul 2011  •  Kenya

Joseph Gregory Nyamu



The application dated 18th February, 2011 and filed on 23rd February, 2011, seeks an order of extension of time for the applicant to file and serve a record of appeal out of time. It is based on the grounds of appeal in the body of application and the applicant’s supporting affidavit sworn on 18th February, 2011. The applicant was represented by A N Nganga, but the respondent appeared in person. In opposition, the applicant relies on the affidavit sworn on 16th May and filed on 16th May, 2011.

Mr. Nganga concedes that after the judgment of the court on 29th April, 2008, the firm then acting for the applicant did file a the Notice of Appeal within the stipulated period but failed to apply for proceedings within the stipulated time. After his firm was engaged on 26th September, 2009, Mr. Ng’ang’a submitted that the time for filing the record, namely the 60 days had already expired and his firm then concentrated on seeking an order for stay hence the delay because the application f…

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