judy.legal
Login Register
📄 PDF

PHILOMENA MWONGELI NICHOLAS V. NATIONAL POLICE SERVICE COMMISSION

(2020) JELR 93243 (CA)

Court of Appeal  •  Civil Application 123 of 2019  •  3 Apr 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia

Judgement
<p class="ql-align-center">RULING</p><p class="ql-align-justify">What is before me is the application by way of notice of motion dated 4<sup>th</sup> October, 2019 filed pursuant to Sections 1A, 1B, 3A, 66 and 95 of the Civil Procedure Act and Order 52 Rule 1 of the Civil Procedure Rules as well as Rules 4 and 82 of the Court of Appeal Rules. The applicant in the main seeks enlargement of time within which to file and serve the record of Appeal on the grounds that; judgment was delivered in the trial court dismissing her petition with costs on 7<sup>th</sup> March, 2019; being dissatisfied with the outcome, she instructed her advocates on record on 16<sup>th</sup> March, 2019 to lodge an appeal but owing to dire financial constraints she was undergoing, only able to pay a paltry deposit to the advocate on account of fees; that a Notice of Appeal was lodged on 19<sup>th</sup> March, 2019 and certified copies of the judgment and proceedings obtained on 1<sup>st</sup> April, 2019; however, the decree was not extracted until 31<sup>st</sup> May, 2019 when the period to lodge the appeal had lapsed by two weeks; …</p>

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login