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GEORGE MWENDA MUTHURI
V.
MAMA DAY NURSERY AND PRIMARY SCHOOL LIMITED

(2014) JELR 104325 (CA)

Court of Appeal 30 Jun 2014 Kenya
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Case Details

Suit Number:Civil Application 4 of 2014 (UR 2/14)
Judges:Martha Karambu Koome
Location:Nyeri
Other Citations:George Mwenda Muthuri v. Mama Day Nursery and Primary School Limited [2014] eKLR

RULING

[1] The application as drawn, seeks to rely on the provisions of Sections 3A (1) and (2), (supposedly of the Appellate Jurisdiction Act) and Rules 2, 4, 5, 42 and 47 of the Court of Appeal Rules. George Mwenda Muthuri the applicant seeks leave to file notice of appeal and the record of appeal against the ruling of the High Court delivered on 28th June, 2012, in Meru HCCC No. 180 of 2011, out of time. The applicant also sought for an order of stay of proceeding in the aforesaid case, which prayer was abandoned by counsel for the appellant for the simple reason that it cannot be granted by a single Judge. (See Rule 53 (1) of the Court of Appeal Rules):

[2] The motion is supported by the following grounds:

Ruling was delivered on 28th June, 2012, by Hon Justice J. A Makau in Meru HCCC No. 180 of 2011 and the applicant was aggrieved by the said Ruling.

The applicant has an arguable appeal which has high chances of success. The Hon. Judge, amongst erred in law and fact when he struck ou…

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