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Rosemary Wanja Mwagiru, Stephen Mbugua Mwagiru & Robert Githui v. Attorney General, Tatu City Limited, Kofinance Company Limited & Director of Public Prosecution

(2019) JELR 94976 (SC)

Supreme Court  •  Application 20 of 2019  •  17 Dec 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON perusing the Notice of Motion Application dated 9th July 2019, and filed on even date, for extension of time to file an appeal and record of appeal out of time, against the Judgment and Orders of the Court of Appeal in Civil Appeal No. 349 of 2013 delivered on 10th May, 2019, brought under the Provisions of Article 163 (4) of the Constitution, Sections 21(2), 24(1) of the Supreme Court Act and Rules 21, 23, 26 and 53 of the Supreme Court Rules, 2012; and

[2] UPON reading the Applicants’ grounds in support and the Supporting Affidavit, sworn by Rosemary Wanja Mwagiru on 28th September 2018, wherein it is averred, that the delay in filing the appeal and record of appeal in time, was occasioned by the unavailability of certified proceeding from the Court of Appeal, and by the fact that, the applicant’s advocate on record, Dr. Gibson Kamau Kuria, was unwell and admitted to Nairobi Hospital between 29th May 2019 and 25th June 2019; and

[3] UPON reading the 2nd and…

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