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NATIONAL CEREALS & PRODUCE BOARD v. ALBERT ONGARO

(1999) JELR 98687 (CA)

Court of Appeal  •  civil misc appl 214 of 98  •  14 Jan 1999  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OMOLO J.A (IN CHAMBERS)

CIVIL APPLICATION NO.NAI. 214 OF 1998

BETWEEN

NATIONAL CEREALS and PRODUCE BOARD.......................APPLICANT

AND

ALBERT ONGARO..........................................RESPONDENT

R U L I N G

I have read the notice of motion and the affidavit in support thereof. The applicant has fully explained the circumstances which led to the notice of appeal being filed out of time. I do not understand Mrs Nyakundi to be saying that the explanation given is false. All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis upon which I can exercise my discretion. I accept the explanation of Mr. Mugo that his court clerk failed him and that as soon as he discovered this he acted immediately and filed the notice of appeal. The failure to file the recor…

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