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MARY GATHONI KIHARA V. JOSEPH KARUA NGAREH, GERALD MBUTHIA MUREITHI & LAND REGISTRAR, LAIKIPIA

(2019) JELR 99244 (CA)

Court of Appeal  •  Civil Application 75 of 2018  •  7 Jun 2019  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

RULING

1. This ruling is in respect of an application dated 25th June, 2018 that was brought under rule 4 of the Court of Appeal Rules, 2010. The application seeks to have the notice of appeal filed on 7th June, 2018 and served on 8th June, 2018 deemed to have been filed and served on time.

2. In her affidavit in support of the application, Karen Muthee, an advocate practicing in the firm of Muriu, Mungai and Company Advocates, who are based at Nairobi and who are on record for the applicant, stated that following closure of the hearing of Environment and Land Case No. 241 of 2013 at Nyeri on 7th December, 2017, the court indicated that judgment would be delivered on notice; that subsequently a notice was issued to the effect that the judgment would be delivered on 9th May, 2018.

3. However, on the aforesaid date the judgment was not ready and it was deferred to 15th May, 2018. Counsel further stated that after delivery of judgment the court file was not released to the registry as the t…

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