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Kenya Agricultural And Livestock Research Organization v. Stephen Ngaruiya Kanyanja

(2015) JELR 100155 (CA)

Court of Appeal  •  Civil Application 215 of 2015  •  4 Dec 2015  •  Kenya

Coram
Hannah Magondi Okwengu

Judgement

RULING OF THE COURT

[1] By a Notice of Motion dated 12th August, 2015, KENYA AGRICULTURAL AND LIVESTOCK RESEARCH ORGANIZATION (herein the applicant) moved this Court for extension of time within which to file a Notice of Appeal, and leave to file Notice of Appeal out of time in respect of two Judgments. The first is the judgment delivered by the High Court (Ang’awa, J) on 3rd July 2012 in regard to an appeal against the judgment of Senior Resident Magistrate delivered on 10th April, 2008 in CMCC No. 13558 of 2004 in Milimani Commercial Courts. The second judgment is one delivered by the High Court (Onyancha, J) on 5th March, 2015 also in Civil Appeal No. 230 of 2008. Although entitled judgment, the latter is in actual fact a ruling in regard to a request by the parties in Civil Appeal No. 230 of 2008 for interpretation of the High Court’s decree issued on 3rd July 2012 pursuant to the judgment of Ang’awa, J.

[2] The grounds upon which the applicant’s motion is anchored as indicated on t…

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