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JOSEPHINE NJOKI MWANGI V. HOUSING FINANCE COMPANY OF KENYA LTD

(2014) JELR 100554 (CA)

Court of Appeal  •  Civil Application 299 of 2012  •  28 Feb 2014  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

By an application presented to this Court on 5th December 2012 under Rule 4 of the Rules of this Court, the applicant seeks an extension of time within which to file a Notice of Appeal and Record of Appeal. She intends to appeal against the decision of the High Court (Majanja J) given on 29th August 2012 dismissing her application for an order of interlocutory injunction in which she had sought to prevent the respondent from exercising its power of sale under a mortgage

According to learned counsel for the applicant Mr. Nyamai who relied on the grounds appearing on the face of the applicant’s application dated 5th December 2012, the supporting affidavit and reply to replying affidavit of the applicant, the applicant was prevented from filing a notice and record of appeal within the prescribed period for reasons that the applicant learnt after the delivery of the impugned ruling and after collecting her file from her previous advocates on 31st August 2012 that her signature on the…

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