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MILKA WANJIRU MATHU V. WAMUITA KAMAU

(2014) JELR 105018 (CA)

Court of Appeal  •  Civil Application 148 of 2013 (UR 101/2013)  •  9 Apr 2014  •  Kenya

Coram
George Benedict Maina Kariuki JA

Judgement

RULING

The applicant, Milka Wanjiru Mathu, made an application to this Court on 5.7.2013 by way of a notice of motion dated 20th June 2013 seeking the following orders:

That this application be certified as urgent and service hereof be dispensed with in the first instance.

That leave be granted to the applicant to file and serve Notice of Appeal out of time against the ruling delivered by H.P.G. Waweru J. in respect of originating summons dated 8th August, 2006 filed in HCC No.975 of 2001 (O.S) (the matter) delivered on 9th October, 2012.

That consequently, the time limited by the Court of Appeal Rules for filing of the Record of Appeal be also thereby extended accordingly.

That the cost of this application be provided for.

The application was made on the grounds appearing on the face of the motion and was supported by the affidavit of Mr. Eric Mutinda Kivuva, the applicant’s advocate, sworn on 20th June 2013.

The background to the application is that the High Court delivered on 9.10.2012 a …

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