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SIMON KIPROTICH V. JAMES KIPTOO CHEMJOR

(2017) JELR 95262 (CA)

Court of Appeal  •  Civil Application 58 of 2016  •  16 Feb 2017  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

RULING

1. This is an application for leave to file and serve the record of appeal out of time. It is brought under section 3A of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules.

2. The judgment sought to be appealed from was delivered by Ombwayo, J. on 9th October, 2015. The applicant neither provided a copy of the said judgment nor the decree that was extracted from the said judgment.

3. In his brief affidavit in support of the application, the applicant stated that after delivery of the judgment his advocates applied for the proceedings but they were not ready for collection until 28th June, 2016. He annexed to his affidavit a certificate of delay that was issued on 8th July, 2016. It certifies that the period from 29th October, 2015 to 28th June, 2016 was required for the preparation of the proceedings.

4. Mr. Chebii, learned counsel for the applicant, told the Court that between 28th June, 2016 when the proceedings were ready for collection and 27th July, 2016 w…

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