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PCEA KIKUYU HOSPITAL V. HELEN KIRAMANA

(2020) JELR 94204 (CA)

Court of Appeal  •  Civil Application 88 of 2019  •  20 Nov 2020  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

RULING

1. This is an application brought under rules 4, 42 and 47 of this Court’s Rules. The applicant seeks extension of time to file and serve the memorandum and record of Appeal. The applicant further prays that the memorandum of appeal herein be deemed as properly filed.

2. The affidavit in support of the application is sworn by Margaret Opondo, the applicant’s advocate, and states that on 12th July 2016, the High Court (HCCC No. 254 of 2013) entered judgement in favour of the respondent in the sum of Kshs.4,473,851.18; the applicant was aggrieved by part of the judgment and filed a notice of appeal on 21st July 2016; the applicant also requested for typed and certified copies of the proceedings and the judgment; that despite several follow-ups the requested documents were not availed until December 2018 when her court clerk, Otieno Okello collected them; that unfortunately, the said clerk fell ill and was admitted at Kenyatta National Hospital from 4th January to 22nd January 2019 …

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