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(1997) JELR 98652 (CA)

Court of Appeal  •  Civil Appl No. Nai. 182 of 1994  •  16 Jan 1997  •  Kenya

Gurbachan Singh Pall



The applicant by a notice of motion brought under rule 4 of the Rules of this court for an order for extension of time to file notice of appeal against an undated ruling of superior court (Ole Keiwua J.) on the ground that the applicant was prevented from filing the requisite notice of appeal within the prescribed time. In the supporting affidavit he has said that upon receipt of summons to enter appearance he instructed m/s Mulwa and Mulwa advocates to file defence in High Court Civil Case No.1140 of 1990. Despite his instructions the said advocates entered appearance but did not file the defence. Consequently exparte judgment was entered in default of filing the defence and the suit was set down for assessment of damages arising out of an accident subject matter of that suit. Judgment was entered against him for Shs.344,000/=. Thereupon he applied for setting aside the said judgment but his application was dismissed. He has further said that the Judge of the superior court saiā€¦

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