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RULING
This is an application under section 3A of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules for extension of time for filing a notice of appeal and a record of appeal or alternatively to deem the notice of appeal already filed and served, as duly filed in time.
The application is supported by the affidavit of the applicant who depones that the judgment intended to be appealed against was delivered without notice to the applicant’s advocates. The application is opposed on the grounds stated in the replying affidavit of the respondent.
The dispute in the Land and Environment Court related to division of two properties – Nairobi/Block/72/2032 and KJD Kitengela/5770 and shares in a company between two former spouses. The first property was registered in the joint names of former spouses. The second property was registered in the name of the husband – the applicant herein. The wife, the respondent herein, claimed, in essence, that she contributed financially towar…