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DAMARIS NJERI MWANGI & 2ORS
V.
CITY COUNTY OF NAIROBI & ANOR

(2019) JELR 97355 (SC)

Supreme Court 29 Mar 2019 Kenya
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Case Details

Suit Number:Miscellaneous Application 18 of 2018
Judges:Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Damaris Njeri Mwangi & 2 othersv City County of Nairobi & another; Fidelity Commercial Bank(Interested Party) [2019] eKLR

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application by the Applicants dated 29th June, 2018 and filed under Certificate of Urgency by the Applicants on 3rd July, 2018 brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Rules 33 and 53 of the Supreme Court Rules, Order 50 Rule 6 and Order 51 of the Civil Procedure Rules and all enabling provisions of the Law, seeking for extension of time to file an appeal out of time against the Judgment and Orders of the Court of Appeal in Civil Appeal No. 228 of 2008; and

[2] UPON reading the Applicants’ grounds in support of the Application, the Supporting Affidavit sworn on 29th June, 2018; and

[3] UPON considering the Applicant’s written submissions dated 3rd September, 2018 and filed on 5th September, 2018 wherein the Applicants submit that the delay in filing the appeal was occasioned by the delay in receiving the typed and certified copy of the proceedings in the Court of Appeal, having only received the certified …

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