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Mbugua & Mbugua, Advocates v. Kenindia Assurance Company Limited

(2014) JELR 99173 (CA)

Court of Appeal  •  Civil Application 247 of 2010  •  4 Apr 2014  •  Kenya

Coram
Daniel Kiio Musinga, George Benedict Maina Kariuki, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

The applicant, Messrs Mbugua and Mbugua, Advocates, lodged in this Court on 28.10.2010 an application by way of Notice of Motion dated 6.10.2010 seeking an order that the notice of appeal lodged on 24.2.2010 by Kenindia Assurance Company Limited, the respondent herein, be struck out because no steps have been taken to file the record of appeal and also because rule 82 was not complied with in that the respondent did not within 30 days of the date of delivery of the ruling on 18.2.2010 apply for the proceedings with a copy to the applicant so as to have excluded in computation of time for lodging appeal such time as would be required for the preparation and delivery of such proceedings. The application was made on the grounds both on the face of the motion and in the supporting affidavit of Joseph Njoroge Mbugua sworn on 6.10.2010. It is averred in the supporting affidavit that the respondent filed notice of appeal on 2nd March 2010 against the ruling delivered by th…

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