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Municipal Council Nyeri v. Mwangi Mutahi Ruga & Attorney General

(2014) JELR 98827 (CA)

Court of Appeal  •  Civil Appeal (Application) 10 of 2014  •  30 Jul 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

RULING OF THE COURT

1. Before us is an application brought pursuant to Rule 84 of the Court of Appeal Rules (the Rules) seeking inter alia an order striking out the appeal on the ground that it had been filed out of time.

2. The 1st respondent contended that the Notice of Appeal was lodged on 24th December, 2013; the said Notice of Appeal was in respect of both the judgment dated 26th November, 2013 and the ruling dated 17th December, 2013; in respect of the judgment dated 26th November, 2013 the said Notice was filed out of time. It was deposed on behalf of the 1st respondent that the Notice of Appeal was served out of time; the letter dated 7th January, 2013 requesting copies of proceedings in the High Court was not copied to the 1st respondent’s advocates on record; the appeal herein was lodged out of time without leave of the Court. Finally, that the Record of Appeal was served out of time.

3. In response, the appellant deposed that the appeal was competently before the Court; at the…

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