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Sameer Jethwa v. Francesco Di Nello & Sacha Francesca

(2005) JELR 94089 (CA)

Court of Appeal  •  Civil Application NAI 10 of 2003  •  7 Oct 2005  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell



This is an application by way of reference from the decision of a single judge of this Court under rule 4 of the Court of Appeal Rules (the Rules) seeking extension of time to file and serve documents following the judgment of Angawa J. delivered in HCCC No.681 of 1997 on 28 November 2002 against which the applicant intends to appeal.

The extensions sought are in respect of the notice of appeal, the letter to the Deputy Registrar bespeaking a typed copy of the proceedings and a certified copy of the judgment.

The application also sought an order that the notice of appeal dated 4th December 2002 and the letter addressed to the Deputy Registrar of the High Court dated 2nd December 2002 filed on 9th December 2002 and served on the respondents advocates on 11th December, 2002 be expunged from the record.

The reason for seeking these orders was the discovery that, by mistake of the applicant’s advocates, the Notice of Appeal and the letter to the Deputy Registrar of the Hig…

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