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SOUTH NYANZA SUGAR CO. LTD V. HESBORN ONYURO

(2000) JELR 93900 (CA)

Court of Appeal  •  civil misc appl 163 of 00  •  21 Jun 2000  •  Kenya

Coram
Moijo Matayia Ole Keiwua

Judgement

R U L I N G

This is an application for enlargement of time within which the Notice of appeal and appeal may be filed from the ruling of the superior court (Wambilyangah, J.) delivered on April 11, 2000, in its Civil Case No. 254 of 1999. The present counsel for the applicant came on record on May 2, 2000, when the time for filing a Notice of appeal against the said ruling had expired. There was a Notice of appeal filed by the previous counsel acting for the applicant and which omitted therefrom to include the date on which the ruling appealed from was delivered. The discovery of the omission was followed with the filing of the present application which is brought under rule 4 of this Court's Rules "the Rules", which of course, confers unfettered discretion to the court to grant time extension to file a Notice of appeal or memorandum and record of appeal out of time. The error in the Notice of appeal was discovered on June 6, 2000, when the applicant's counsel appeared before the superiā€¦

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