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TELKOM KENYA LIMITED V. NYAMODI OCHIENG-NYAMOGO

(2013) JELR 94764 (CA)

Court of Appeal  •  Civil Application 269 of 2012  •  10 May 2013  •  Kenya

Coram
Wanjiru Karanja

Judgement

RULING

The applicant herein has moved this Court “under Rule 4, 82 and 83 of the Court of Appeal Rules, and all enabling provisions of law and procedure” for an order inter alia that:

“This Honourable Court be pleased to extend time within which the applicant can make its application for typed copies of proceedings and judgment.”

The application is premised on five principal grounds on its face and supported by the affidavit of Donald B. Kipkorir sworn on 31st October, 2012. The gist of the grounds raised is that the appellant has an arguable appeal which it should be allowed to ventilate before this Court and that it was late in applying for the proceedings before the High Court to enable it pursue the intended appeal.

The explanation given for the said lateness is that learned counsel acting for the applicant inadvertently failed to write the letter bespeaking the High Court proceedings when hefiled the notice of appeal. He did not therefore, apply for the said proceedings within 30 day…

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