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Tom Mshindi & Standard Group Limited v. Grace Wangui Ngenye

(2019) JELR 95291 (CA)

Court of Appeal  •  Civil Application 226 of 2018 (UR 181/2018)  •  22 Nov 2019  •  Kenya

Coram
Fatuma sichale

Judgement

RULING OF THE COURT

The applicants, Tom Mshindi (the 1st applicant and the Standard Group Limited (the 2nd applicant) filed a motion dated 30th July, 2018 and sought two main orders:

“1. .... Spent

2. That this Honourable Court be pleased to extend time for the applicants to lodge the Notice of appeal and record of appeal.

3. That this Honourable Court be pleased to deem the Notice Appeal filed on 10th March, 2016 as having been filed within time.

4. ........”

In the motion, Grace Wangui Ngenye was named as the respondent. The applicant’s motion was supported by an affidavit of Millicent Ngetich, the 2nd applicant’s Company Secretary sworn on 30th July, 2018 in which she deponed that the applicants were aggrieved by the judgment of Mabeya, J delivered on 24th February, 2016; that on 10th March, 2016, their then counsel, Makhecha and Gitonga filed a Notice of Appeal dated 9th March, 2019; that the Notice of Appeal was filed one (1) day late on account of inadvertence.

The motion was opposed b…

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