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BENSON WAFULA WASWA
V.
LUCY KAGURE WANJOHI

(2016) JELR 106492 (CA)

Court of Appeal 12 May 2016 Kenya
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Case Details

Suit Number:Civil Application 218 of 2014
Judges:George Benedict Maina Kariuki
Location:Nyeri
Other Citations:Benson Wafula Waswa v. Lucy Kagure Wanjohi [2016] eKLR

RULING

Benson Wafula Waswa (the applicant) applied to this Court on 11th August 2014 by way of notice of motion seeking orders that this Court be pleased to –(spent)

Extend time within which to lodge and serve the notice and record of appeal

The application was made on the grounds that following the dismissal with costs of the applicant’s claim by the Industrial Court on 30th April 2014, the applicant did not lodge appeal within the time stipulated by the rules because he was in Sudan for 4 months.

In his affidavit sworn on 11th August 2014 in support of the application, the applicant averred that he visited his advocates on 25th July 2014 and was handed a copy of the judgment delivered by the Industrial Court on 30th April 2014. He avers that he instructed his advocates, M/s Andambi and Co., through his letter to them dated 28th July 2014, to appeal against the said judgment. He does not give the date when he gave the instructions but he contends that he has a good appeal against the dec…

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