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BANDARI INVESTMENT CO. LIMITED
V.
NATIONAL POLICE SERVICE & 22 ORS.

(2021) JELR 113600 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. E034 OF 2021
Judges:J. W. LESSIT, JA
Location:Mombasa

RULING

1.The Notice of Motion application before me is the one dated 30th April 2021, coming up for hearing on 19th October 2021. It has been brought pursuant to rules 4, 41, and 44 of the Court of Appeal Rules, 2010. The applicant seeks the following orders:

a. That the Honourable Court be pleased to grant leave to the appellant to amend the Notice of Appeal.

b. That the Honourable Court be pleased to extend time limited by the rules of the court to file and serve the Amended Notice of Appeal.

c. That the costs of this application be in the cause.

2.The Application is based on the ground the Notice of Appeal is erroneous in that it refers to a judgement delivered on 21st January, 2021 instead of 28th January, 2021, and urges that the error was inadvertently made and it is in the interest of justice that it be rectified by leave being granted for the amendment of the Notice of Appeal. The applicant urges that the mistake is a mere technicality that can be cured, and the Respondents will no…

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