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S.K. TARWADI V. VERONICA MUEHLEMANN

(2019) JELR 94765 (CA)

Court of Appeal  •  Civil Application 47 of 2019  •  19 Dec 2019  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

1. By an application dated 30th May 2019 presented to the Court on 4th June 2019, the applicant seeks an order that the time within which to serve his notice of appeal on the advocates for the respondent be enlarged. The application is based on Rule 4 of the Court of Appeal Rules.

2. An amended application, to which counsel for the respondent objected as having been filed outside the time allowed by the court, was filed on 30th September 2019 to incorporate prayers that the notice of appeal be deemed as duly filed and served and that the time within which to file the record of appeal be enlarged.

3. Urging the application before me, learned counsel for the applicant Mr. O. Richard referred to the applicant’s supporting affidavit sworn on 30th May 2019 in which it is deponed that the ruling the applicant intends to challenge on appeal was delivered by High Court on 24th January 2019; that soon after delivery of that ruling, on 30th January 2019, the applicant filed a notice to act …

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