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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

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 affidavit sworn on 17th September 2014 deponed that the applicant filed a Notice of Appeal on 19th December 2011, and at the same time applied for typed copies of the proceedings and ruling on 16th December 2011. On 3rd February 2014, it received notification from the deputy registrar that the proceedings and rulings were ready for collection. The applicant collected the proceedings and ruling from the registry, but subsequently, due to inadvertence on the applicant counsel’s part, the preparati…

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