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BAOBAB BEACH RESORT & SPA LIMITED
V.
DUNCAN MURIUKI KAGUURU & ANOR

(2014) JELR 105825 (CA)

Court of Appeal 10 Oct 2014 Kenya
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Case Details

Suit Number:Civil Application 12 of 2014
Judges:Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:Baobab Beach Resort & Spa Limited v. Duncan Muriuki Kaguuru & another [2014] eKLR

R U L I N G

This is an application for extension of time within which to file and serve the record of appeal. The application is mainly based on Article 48 and 159(2)(d) of the Constitution, section 3A and 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules.

The applicant intends to lodge an appeal against the Ruling of the High Court (Mumbi Ngugi, J.) delivered on 12th June 2013 dismissing a preliminary objection against a constitutional petition filed against the applicant by the respondents. The constitutional petition has not been incorporated in the record of the application. However, it is apparent from the impugned ruling that the respondents alleged that their rights under Article 27 of the Constitution against racial discrimination had been violated and that they had been defamed by the respondents.

The reliefs sought included a declaration of violation of fundamental rights, injunction; compensatory and aggravated damages. By the preliminary objection,…

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