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Postal Corporation of Kenya & Another v. Aineah Likumba & 11 Others

(2017) JELR 94275 (CA)

Court of Appeal  •  Civil Appeal 275 of 2014  •  8 Dec 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

The motion dated 5th May 2017 by the Postal Corporation of Kenya and its Post Master General (the applicants) as argued before us seeks in the main an order that this Court, though the motion erroneously (and in another era possibly fatally) speaks of the High Court do reinstate the applicants appeal. The said appeal was dismissed by this Court (Visram, Karanja and Koome JJ.A) under Rule 102(1) of the Rules of Court on account of the absence of counsel for the applicant.

In support of the motion one Della Mwihaki an advocate of the High Court of Kenya practising as such in the firm of Muthoga Gaturu and Co. Advocates, then on record for the applicant, swore in an affidavit on the said 5th May 2017. After giving a chronology of the appeal and various procedural steps taken including applications for stay of execution and for substitution of a deceased respondent, (the latter by consent), the deponent swore that she was served on 20th March 2017 with a notice of hearin…

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