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THE STANDARD LTD V. MONG'ARE GEKONGA; OMARI MOMANYI T/A GEKONG'A MOMANYI ADVOCATES

(2005) JELR 95603 (CA)

Court of Appeal  •  Crim Appli NAI 131 of 2004  •  25 Feb 2005  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

R U L I N G

The applicant prays under Rule 4 of the Court of Appeal Rules for an order that the time limited for lodging a Notice of Appeal and a record of appeal against the judgment of the superior court dated 11th July, 2003, be extended.

On 2nd December, 1997 , Mong’are Gekong’a (respondent) and Omari Momanyi (deceased) both advocates of High Court of Kenya trading as Gekonga Momanyi Advocates filed a suit in the superior court against the applicant, – THE STANDARD LTD., claiming damages for libel. The superior court however dismissed the entire suit after trial. Omari Momanyi died shortly thereafter. The respondent filed Civil Appeal N o. 233 of 2000 in this court against the dismissal of the suit. This court ultimately allowed the appeal on 18th October, 2002, set aside the order dismissing the suit and entered judgment on liability in favour of the respondent with a further order that the suit be remitted to superior court for assessment of damages. Subsequently, on 11th July, 20…

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