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SUCHAN INVESTMENT LIMITED V. MINISTRY OF NATIONAL HERITAGE AND CULTURE & 3 ORS.

(2021) JELR 114059 (CA)

Court of Appeal  •  CIVIL APPEAL (APPLICATION) NO. E518 OF 2021  •  19 Nov 2021  •  Kenya

Coram
MOHAMMED WARSAME, JA

Judgement

RULING

  1. By a Notice of Motion dated 9th September 2021, brought under section 3A, 3B of the Appellate Jurisdiction Act, Rules 4 42 and 43 of the Court of Appeal Rules, the applicant is seeking leave for extension of time to file and serve a Notice and Record of Appeal arising out of the ruling of the High Court Judicial Review Division (C. A. Muchoki, DR) delivered on 21st July 2021. The said ruling was delivered in the applicant’s absence struck out the applicant’s application on the basis that the 3rd respondent met the threshold for raising a preliminary objection against the motion for the attachment of the 2nd and 3rd respondent’s shares in the property known as LR. No. 209/1916/2.

  2. The applicant, though aggrieved by that ruling, did not file a Notice of Appeal within 14 days as stipulated under Rule 75 of this Court’s Rules and attributed the delay in filing its intended appeal to the High Court’s failure to furnish notice of delivery of the ruling electronically by email. The appli…

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