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PASTEUR DUKUZUMUREMYI V. ANTHONY MILIMU LUBULELLAH & KIWAKA GENERAL MERCHANTS

(2016) JELR 95802 (CA)

Court of Appeal  •  Civil Appeal (Application) 176 of 2015  •  3 Oct 2016  •  Kenya

Coram
Roselyn Naliaka Nambuye

Judgement

RULING

Before the court is an application dated the 8th day of December, 2015 and lodged in the central registry of the court at Nairobi on the 8th day of December, 2015. It is brought under Article 159 of the Constitution 2010, Section 3A of the Appellate Jurisdiction Act, and Rule 4 of the Court of Appeal Rules, 2010 and any other enabling provisions of the law. Two substantive reliefs have been sought namely:-

1. That this Honourable Court be pleased to extend the time within which the Applicant herein can serve the 2nd Respondent with a Notice of Appeal against the Ruling and conservation order of the High Court of Kenya (Justice H. P. G. Waweru) delivered on 18th day of October, 2013 in Nairobi Miscellaneous Application Number 949 of 2007;

2. That the Honourable Court be pleased to order that the Notice of Appeal lodged by the Applicant in the Superior Court on and served on the 2nd Respondent on 2nd December, 2015, be deemed as duly served in time.

It has been opposed by a Replyin…

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