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Karachiwalla Nairobi Limited v. Sanjivan Mukherjee

(2015) JELR 100245 (CA)

Court of Appeal  •  Civil Application Nai 245 of 2014  •  2 Oct 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Wanjiru Karanja

Judgement

RULING OF THE COURT

This is an application under Rule 84 of the Court of Appeal Rules, 2010 and other enabling rules for an order that the Notice of Appeal filed by the respondent on 12th September 2014 be struck out on the ground that it was filed out of time without the leave of the court.

By a judgment dated 7th August, 2014 the High Court entered judgment for the applicant against the respondent for Kshs. 10,600,000/- with costs and interest at court rates.

1The respondent being aggrieved by the judgment filed a notice of appeal on 12th September 2014. By Rule 75 (2) of the Court of Appeal Rules, such notice of appeal is required to be lodged within 14 days of the decision. The stipulated 14 days expired on or about 21st August 2014. The notice of appeal was thus filed 36 days after the decision and 22 days out of time.

The respondent admits in his replying affidavit that the notice of appeal was filed out of time but explains that neither he nor his previous advocates was aware that …

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