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PRINCIPAL SECRETARY MINISTRY OF DEFENCE & ATTORNEY GENERAL V. DOROTHY KANYUA MBAKA & MARY SYONTHI MUSYOKA

(2016) JELR 95186 (CA)

Court of Appeal  •  Civil Application 19 of 2016 (Ur 11/2016)  •  7 Sep 2016  •  Kenya

Coram
Patrick Omwenga Kiage

Judgement

RULING

By the motion dated 24th March 2016 but lodged at the registry more than a month later on 27th April 2016, the Attorney General on behalf of himself and the Principal Secretary Ministry of Defence (the applicants) seek, in the main, an order that the time limited by Rule 82(1) of the Court of Appeal Rules, 2010 be enlarged to enable them to file and serve their record of appeal out of time.

The grounds founding the application appear on the face of the motion as follows;

1. THAT on 2nd April, 2014 the High Court, J.A. Makau J entered Judgment against the applicants for as compensation (sic) for damages amounting to Kshs. 19,239,100 and Kshs. 20,065,100 respectively.

2. THAT the applicants being aggrieved by the judgment lodged a Notice of Appeal dated 8th April, 2014 on the 9th April, 2014 well within time provided in the rules.

3. THAT together with the Notice of Appeal, we wrote to the office of the Deputy Registrar, High Court Meru vide letter dated 8th April, 2014 and copied to …

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