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Nelson Ngirigacha Kimanga v. Kinyua Kababi Wamai

(2018) JELR 98474 (CA)

Court of Appeal  •  Civil Application 11 of 2017  •  7 Feb 2018  •  Kenya

Coram
Fatuma sichale

Judgement

RULING OF THE COURT

NELSON NGIRIGACHA KIMANGA ( hereinafter ‘ the applicant’) has come calling to this Court with his Notice of Motion dated 8th February, 2017 premised on Section 3A of the Appellate Jurisdiction Act, Rule 4, 41, 42, 43 and 81 of the Court of Appeal Rules (hereinafter ‘the Rules’), Article 139 (sic) of the Constitution and all enabling provisions of law. He seeks the following orders:-

(a) THAT the proposed Appellant be granted leave to appeal out of time and the judgment of the Hon. J. WAKIAGA J., delivered on 8TH MAY 2015.

(sic)

(b) THAT the Notice of Appeal annexed hereto be deemed as duly filed and served.

(c) THAT costs of this application be provided for”.

Appearing on the face of the motion are grounds in support thereof to the effect that:- the applicant has an arguable appeal with a high probability of success, failure to file the appeal in time was occasioned by lack of communication by his erstwhile advocate on record who closed his offices and could not be rea…

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