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Mohamed Shally Sese (Shah Sese) v. Fulson Company Ltd & Kilifi Beach Properties Limited

(2016) JELR 99003 (CA)

Court of Appeal  •  Civil Application 26 of 2016  •  30 Sep 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia

Judgement

IN THE COURT OF APPEAL

AT MALINDI

(IN CHAMBERS: MAKHANDIA, J.A.)

CIVIL APPLICATION NO. 26 OF 2016

BETWEEN

MOHAMED SHALLY SESE (SHAH SESE).......APPLICANT

-VERSUS-

FULSON COMPANY LTD.....................1ST RESPONDENT

KILIFI BEACH PROPERTIES LIMITED ...2ND RESPONDENT

(Being an application for leave to extend time within which to file a Notice of Appeal and/or Appeal from the Ruling of the High Court of Kenya at Mombasa (Emukule, J.) dated 5th June, 2015 in H.C.MISC.JR. APPLICATION NO. 74 OF 2013

*******************

RULING

By his Notice of Motion application dated 30th May 2016, Mohamed Shally Sese (“the applicant”) prays in the main for leave of this Court to file and serve out of time Notice of Appeal in respect of a ruling delivered by the High Court (Emukule, J.) sitting in Mombasa on 5th June 2015. The application is expressed to be brought pursuant to “rule 4 and 75 (2) of the Court of Appeal Rules, 2010, section 3A of the Appellate Jurisdiction Act, section 5 of the Court of Appeal (Organiza…

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