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THOMAS ANZEZE MUSILA V. SAMSON MUSILA JALENGA

(2013) JELR 96458 (CA)

Court of Appeal  •  Civil Application 28 of 2013  •  19 Dec 2013  •  Kenya

Coram
Sankale ole Kantai

Judgement

RULING

The application before me is the Notice of Motion dated 12th August, 2013 filed by the Applicant Thomas Anzeze Musila in person. It is an application under Rule 4 of the Courts Rules seeking an extension of time for the lodging and service of Notice of Appeal and Memorandum of Appeal. The Motion is supported by the affidavit of the applicant sworn on 12th August, 2013 where it is deponed inter alia that the applicant, who was represented by counsel at the High Court, was not informed by his advocate that judgement had been delivered; that in July, 2013 the applicant attended at the High Court Registry, Kakamega, and discovered that judgement had been delivered on 18th December, 2012; that even in March, 2013 the applicants advocates were still telling him that judgement was pending undelivered and for those reasons the applicant was unable to comply with the time-lines for lodging a Notice of Appeal.

The Motion came for hearing today when the applicant appeared but there was no a…

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