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REPUBLIC V. COMMISSIONER OF EXCISE AND CUSTOMS EXPARTE RACHEL N. KAIGI

(2003) JELR 94799 (CA)

Court of Appeal  •  Civil Application Nai 48 of 2003  •  9 May 2003  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

R U L I N G

This is an application by way of Notice of Motion brought under Rules 4 and 42(2) of the Court of Appeal Rules (the Rules) in which the applicant seeks extension of time in which to file a notice of appeal and record of appeal. The application is made on the following grounds:-

"1. The time within which to file a notice of Appeal against the High Court orders delivered on 13th December, 2002 expired before the Notice of Appeal was filed.

2. That the Applicant moved High Court on 16th December, 2002 seeking to review the order of 13th December, 2002.

3. That the ruling in the applicant's application for review was delivered on 15th January, 2003 when the same was dismissed with costs.

4. That the time to file the notice of Appeal expired while the applicant was still waiting for the ruling on her application for review the which application she had hoped would be successful.

5. The delay to bring this application was caused by delay in the Ruling for the review and delay in receiā€¦

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