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CNG
V.
TNK

(2020) JELR 103430 (CA)

Court of Appeal 7 Aug 2020 Kenya
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Case Details

Suit Number:Civil Application 77 of 2020
Judges:Martha Karambu Koome
Location:Nairobi
Other Citations:CNG v. TNK [2020] eKLR

RULING

[1] The Notice of Motion dated 10th March, 2020 is taken out by C NG (the applicant). He seeks leave to file a Notice of Appeal out of time or to deem the Notice of Appeal filed on 4th November, 2019 duly filed. The application is supported by the grounds stated therein and matters deposed to in the applicant’s affidavit sworn on 10th March, 2020. According to the applicant, the judgment he intends to appeal against was delivered on 4th October, 2019. He was not aware that he had to file a Notice of Appeal within fourteen (14) days as he was under the mistaken belief that the Notice of Appeal was to be filed within thirty (30) days. The applicant was late by sixteen (16) days as he blames the court registry staff who advised him that he needed to file an appeal after thirty (30) days.

[2] The applicant further states that he intends to appeal against the orders issued in the said judgment where the Judge upheld the decision of the trial court granting the legal custody of two min…

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