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CHAIRMAN,KENYA NATIONAL UNION OF TEACHERS & ANOTHER
V.
HENRY INYANGALA & 2 OTHERS

(2018) JELR 103324 (SC)

Supreme Court 13 Apr 2018 Kenya
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Case Details

Suit Number:Civil Application 7 of 2017
Judges:Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Chairman,Kenya National Union of Teachers & another v. Henry Inyangala & 2 others [2018] eKLR

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application dated 27th March, 2017 and filed on 7th April 2017, for extension of time to file a notice of appeal; and

[2] UPON reading the applicant’s affidavit sworn by LABAN BITONYE WAKHISI on 27th March 2017, the Respondents’ replying affidavit sworn by EVANS ONSANDO GETANDA on 18th April, 2017; and

[3] UPON considering the written submissions on record for applicant and the respondents, wherein the applicant contends that, the delay in filing a notice of appeal was inadvertent and was occasioned by the fact that the deponent to the affidavit in support of the application and the management of the Kakamega KNUT Executive Committee were unaware of the delivery of the judgment in Civil Appeal No.54 of 2014 by the Court of Appeal and when they became aware of it, they erroneously filed an application for extension of time to appeal before that Court instead of this Court, the time to comply with this Court’s Rules had lapsed henc…

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