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Mumias Sugar Company Limited v. Synergy Industrial Credit Limited & Ntulele Estate Limited

(2014) JELR 98837 (CA)

Court of Appeal  •  Civil Appeal (Application) 93A of 2014  •  7 Nov 2014  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: MURGOR J.A. (IN CHAMBERS)

CIVIL APPEAL (APPLICATION) NO. 93A OF 2014 (UR 76/14)

BETWEEN

MUMIAS SUGAR COMPANY LIMITED......................APPLICANT

AND

SYNERGY INDUSTRIAL CREDIT LIMITED.......1ST RESPONDENT

NTULELE ESTATE LIMITED.........................2ND RESPONDENT

(Application for extension of time to file and serve Record of Appeal out of time

from the judgment of the High Court (Ogolla, J) dated 13th December 2011,

in

H.C.C.C. No. 196 of 2006)

***********

R U L I N G

This application relates to a Notice of Motion dated 25th April 2014 seeking orders for extension of time to be granted under Rule 4 of the Court of Appeal Rules 2010 within which to lodge a memorandum and record of appeal against a ruling of Ogolla J, delivered on 13th December 2011 which ruling dismissed the applicant’s application dated 9th September 2011.

The applicant has advanced seven grounds supported by the sworn affidavit of Brian Otieno dated 25th April 2014, and a further affida…

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