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(2021) JELR 98485 (CA)

Court of Appeal  •  Civil Application 102 of 2018  •  5 Feb 2021  •  Kenya

Stephen Gatembu Kairu



1. In support of her application under Rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal out of time, the applicant Nelia Njeri Kangangi, through her advocates C. M. Kingori Advocate, states that the judgment of the Environment and Land Court given on 7th May 2018, was delivered without notice to her or her advocates; that delivery of the judgment was initially reserved for delivery on 13th April 2018; that by a letter addressed to the advocates for both parties dated 16th March 2018, the Deputy Registrar of the court at Kerugoya communicated that the presiding Judge Kerugoya, the Hon. Mr. Justice Olao who heard the matter was on transfer to Bungoma High Court and that in the circumstances, “the judgment shall be delivered on notice”; that no notice was thereafter given to the applicant’s advocates and it was not until the applicant visited the registry of the court at Kerugoya on 7th August 2018 that she learnt that the judgment had been deliv…

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