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Sundowner Lodge Limited v. Kenya Tourist Development Corporation

(2019) JELR 94818 (SC)

Supreme Court  •  Civil Application 2 of 2019  •  29 Apr 2019  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

[CORAM: MARAGA, CJ and P, MWILU DCJ and VP, IBRAHIM, WANJALA and LENAOLA SCJJ]

CIVIL APPLICATION NO. 2 OF 2019

SUNDOWNER LODGE LIMITED............................................APPLICANT

AND

KENYA TOURIST DEVELOPMENT CORPORATION....RESPONDENT

(Being an application for extension of time to file and serve a Notice of Appeal out of time against the judgement and orders of the Court of Appeal (Ouko, Kiage, and Murgor JJA) dated and delivered in Nairobi on the 28thSeptember, 2018 in Civil Appeal No. 120 of 2017)

R U L I N G

[1] The applicant’s Notice of Motion dated 24th January 2019 and supported by the affidavit of Samuel Waruguru Kimotho, a director of the applicant, is brought under Section 3 of the Supreme Court Act and Rules 3(2) and (5), 31 and 53 of the Supreme Court Rules as well as other enabling provisions of the law. It seeks an extension of time to file a Notice of Appeal against the judgement and orders of the Court of Appeal…

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