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MWIHANGIRI FARMERS LIMITED V. ECUMENICAL DEVELOPMENT CO-OPERATIVE SOCIETY (E.D.C.S)

(2012) JELR 104490 (CA)

Court of Appeal  •  Civil Application 173 of 2011  •  3 Feb 2012  •  Kenya

Coram
Joseph Gregory Nyamu JA

Judgement
<p class="ql-align-center">RULING</p><p>This is a <em>Rule 4</em> application seeking an extension of time for filing of Notice of Appeal and a Record of Appeal in respect of a ruling delivered on 12<sup>th</sup> November 2010 given against the applicant company. However, at the outset I think that the first prayer is misconceived in that in the supporting affidavit of Mr. Njoroge he has clearly deponed that the Notice of Appeal was filed on 18<sup>th</sup> November 2010 which is well within the fourteen days prescribed in <em>Rule 75 (2)</em> of this Court’s Rules. It is however apparent to me that the applicant does not depone to having served the Notice of Appeal within 7 days of lodging the Notice as stipulated in <em>Rule 77 (1)</em> of this Court’s Rules.</p><p>The appeal ought to have been filed 60 days after the lodging of the Notice of Appeal which according to my calculation should have been on 18<sup>th</sup> January 2011. However, perusal of the annexed certificate of delay shows that 177 days were expended in the preparation of the proceedings and it is also common groun…</p>

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