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Wahib Saad Ali v. Salma Kassim Said

(2019) JELR 93781 (CA)

Court of Appeal  •  Civil Application 43 of 2019  •  21 May 2019  •  Kenya

Coram
Patrick Omwenga Kiage

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: KIAGE, JA.(IN CHAMBERS))

CIVIL APPLICATION NO. 43 OF 2019

BETWEEN

WAHIB SAAD ALI .........................................................APPLICANT

AND

SALMA KASSIM SAID ............................................RESPONDENT

(Appeal for leave top appeal out of time against the judgment of the High Court of Kenya at Kisumu (Cherere, J.) dated 18th October, 2018 in

ORIGINAL SUCC APPEAL NO. 32 of 2011)

*********************************

RULING

The judgment of the High Court that the applicant seeks extension of time to file a notice of appeal against was delivered on 18th October, 2018.

As at the time this motion was filed, six months later on 26th April, 2019, no notice of appeal had been filed. None has been filed to date. In the supporting affidavit the applicant states at paragraph 5 that;

“the delay to issue instructions for filing of notice of appeal was occasioned by excusable inadvertence and not by desire to scuttle, delay or stifle administration of ju…

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