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Thuweiba Maka, Fatuma Maka, Rukia Maka & Aziz Maka v. Aisha Juma & Malik Abu Shee

(2015) JELR 96657 (CA)

Court of Appeal  •  Civil Application 32 of 2014  •  31 Mar 2015  •  Kenya

Coram
Hannah Magondi Okwengu

Judgement

RULING OF THE COURT

[1] On The 14th February, 2014, Hon. Sichale, JA sitting as a single Judge delivered a ruling in Civil Application No. 34 of 2013, in which she made orders as follows-

“The applicant shall have seven days from the date hereof to file and serve the notice of appeal. Thereafter the record of appeal is to be filed and served within thirty days from the date of filing the notice of appeal.”

[2] By an application dated 26th September, 2014, Thuweiba Maka, Fatuma Maka, Rukia Maka and Aziz Maka who were the applicants before Hon. Sichale, JA. moved the Court in Civil Application No. 32 of 2014 seeking orders:

“(i) That the Order of the Honourable Justice Sichale, JA. delivered on 14th February, 2014 be extended.

(ii) That the Memorandum of Appeal and record of appeal dated 5th September, 2014 be deemed to have been duly filed and served within time.

(iii) That costs of this application do abide the result of the said appeal.”

[3] The application was supported by an affidavit swo…

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