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(2020) JELR 94958 (CA)

Court of Appeal  •  Civil Application 38 of 2019  •  9 Oct 2020  •  Kenya

Hannah Magondi Okwengu



[1] By a notice of motion dated 6th March, 2020, the applicants have moved this Court under rule 4 of the Court of Appeal Rules, for leave to file and serve a notice of appeal and record of appeal out of time. The motion was inadvertently listed before a three-judge bench but was instead, with the consent of my two colleagues, heard by myself as a single judge.

[2] The grounds upon which the applicants seek to have time extended are that they applied for certified copies of the proceedings and judgment, but the same were not availed to them in time. A certificate of delay has been attached to the motion. That certificate of delay is confused and does not indicate when the proceedings were ready for collection, nor does it clearly indicate the time that was required for preparation and collection of certified copies. The certificate of delay is however signed by the Registrar of the Environment and Land Court and bears an appropriate stamp. [3] It would appear that there was an in…

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