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Purshottam Ramji Kotecha & Bhagwanji Narchidas Kotecha v. Sanjay Narandas Pau & Simeon Kiptum Arap Choge

(2005) JELR 93818 (CA)

Court of Appeal  •  Civil Appeal (Appli) 86 of 2003  •  24 Jun 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

ON REFERENCE TO FULL COURTOn 28th May, 2004 a single Judge of the Court, O’Kubasu, JA. allowed the notice of motion of Purshotam Ramji Kotecha and Bhangwanji Narshidas Kotecha, which motion had asked the learned single Judge for an order that:

“The period for filing and serving a Notice of Appeal and Record of Appeal against the judgment/decree of the superior court (Honourable B. K. Tanui) given on 26th of February, 2003 in HCCC NO 449/2001 (Kisumu) be extended so that the Notice of appeal filed herein and dated 26th February, 2003 and 28th April, 2003, respectively, are deemed to have been properly filed and served”.

The learned single Judge fully heard the motion and finally held that:

“The upshot of the foregoing is that the application is allowed so that the Notice of Appeal and the Record of Appeal filed herein and dated 26th February, 2003 and 28th April, 2003, respectively are deemed to have been properly filed and served. Costs of the application assessed at S…

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