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NJERI NJOROGE V. JOSEPH MAINA GICHUHI & MAINA RUKUNGU

(2018) JELR 94376 (CA)

Court of Appeal  •  Civil Application 139 of 2018  •  20 Dec 2018  •  Kenya

Coram
James Otieno Odek

Judgement

RULING

1. By Notice of Motion dated 9th May 2018, the applicant has moved this Court for leave to file the Notice of Appeal out of time. The ground in support of the application as detailed on the face thereof is that the advocate presently on record was instructed to act for the applicant after the impugned judgment was delivered; the previous advocate did not file a Notice of Appeal.

2. At the hearing of this application, learned counsel Mr. Kanyi Kiruchi appeared for the applicant. There was no appearance for the respondents. Satisfied the firm of Njoroge Kugwa and Co. Advocates for the respondents was served with the hearing notice on 21st November 2018, this Court proceeded to hear the application for extension of time.

3. Counsel relied on the affidavit deposed by the applicant in support of the Motion. He submitted there was no inordinate delay in presenting the instant application; judgment was delivered on 2nd March 2018 and the application was filed on 11th May 2018; the applic…

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