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MUGO MUMENYA NJOGU V. ELIZABETH WAMUYU KABURU & 3 OTHERS

(2010) JELR 98866 (CA)

Court of Appeal  •  Civil Application 291 of 2009  •  24 Jun 2010  •  Kenya

Coram
Joseph Gregory Nyamu

Judgement

R U L I N G

This is an application dated 14th July, 2009, brought under rule 4 of this Court’s Rules. It seeks extension of time within which to file and serve a Notice of Appeal. The grounds relied upon by the applicant are set out in the body of the application and the affidavit of the applicant sworn on 14th July, 2009 and filed in support of the application. The background facts are that a summons for confirmation of grant in which the applicant had an interest came up for hearing in the superior court on 18th February, 2008 but the applicants advocate did not attend court because he had left the country for the U.S in respect of an undisclosed mission and had overlooked to ask a qualified advocate to hold his brief. The applicants advocate had sent his court clerk apparently with instructions to seek an adjournment. As expected the superior court’s reaction was furious and fast. The adjournment was refused and the court immediately dismissed the application for revocation of the …

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