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OMAR SHURIE V. MARIAN RASHE YAFAR

(2020) JELR 94220 (CA)

Court of Appeal  •  Civil Application 107 of 2020  •  24 Jul 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia

Judgement

RULING

This is a notice of motion application dated 6th May, 2020 in which the applicant prays for extension of time for filing a Notice of Appeal to enable him challenge the Environment and Land Court’s Judgment (E. C. Cherono, J.) delivered on 28th February, 2020.

The application is brought under Rules 4 and 75 of the Court of Appeal Rules and is premised on the grounds that; the applicant instructed his then advocates on record, Messrs Kibera and Associates to lodge an appeal against the impugned judgment on 5th March, 2020. However, upon inquiry as to the progress of the intended appeal on 12th March, 2020 he was informed that the Notice of Appeal had not been filed since the advocate handling the matter had been out of the office. The applicant then instructed his current advocates to handle the matter on 13th March, 2020. That though the Notice of Appeal should have been filed by the 13th March, 2020 he was not able to do so and the situation was not made easier by the confirmatio…

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