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Velos Enterprises Ltd v. Paragon Electronics Limited

(2017) JELR 94706 (CA)

Court of Appeal  •  Civil Application 282 of 2012 (UR 240/2015)  •  28 Apr 2017  •  Kenya

Coram
George Benedict Maina Kariuki

Judgement

RULING OF THE COURT

1. Velos Enterprises Limited, the applicant, applied to this court on 24th November 2015 by way of a Notice of Motion dated 20th November 2015 for extension of time to file Notice of Appeal out of time against the judgment of the High Court of Kenya (by Ogola J) delivered on 23rd October 2015 in Nairobi in H.C. Civil Suit No.285 of 2010 which was consolidated with suit No.289 of 2009.

2. The applicant avers that it is aggrieved by the judgment of Ogola J and is desirous of appealing against it and that its intended appeal is arguable and has good prospects of success.

3. The applicant filed a Notice of Appeal late on 20th November 2015 and on the same date applied for a typed copy of the proceedings. A draft Memorandum of Appeal is attached to the application reflecting the intended grounds of appeal.

4. In the affidavit sworn on 20th November 2015 by Simon Wekesa, an advocate, in support of the application, it is averred on behalf of the applicant that the delay in gi…

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