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RICHARD KIOKO KIUNDI V. KENYA PIPELINE COMPANY

(2019) JELR 94778 (CA)

Court of Appeal  •  Civil Application 134 of 2018  •  21 Jun 2019  •  Kenya

Coram
William Ouko

Judgement

RULING

From the date of the plaint, this dispute came to court on 18th June, 2003 and today 21st June, 2019, sixteen years later, it has not been resolved.

It is now before me as a single judge pursuant to Rule 4 of the Court of Appeal Rules to extend time to lodge and serve appeal arising from the decision of Mbaru, J of 17th January, 2018 out of time. In that decision, the learned Judge dismissed the applicant’s entire claim, save for salaries, emoluments and allowances due to him during the period of his suspension.

The applicant timeously lodged a notice of appeal on 22nd January, 2018 and served it on the respondent. On the same date, he applied for copies of the proceedings and the judgment. By a letter dated 13th February, 2018 the applicant was notified that the proceedings and judgment were ready for collection. Upon receipt of these, the applicant realized that the proceedings supplied did not include those for the period of 2005 and 2015 before the matter was transferred to th…

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