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GLADYS MUTHONI MUNGU'RA
V.
JULIUS NGARI NJAGI

(2021) JELR 113752 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. E41 OF 2021
Judges:S. GATEMBU KAIRU, JA
Location:Malindi

RULING

  1. In her application dated 3rd May 2021, the applicant, Gladys Muthoni Mungu’ra, intent on appealing the judgment of the Environment and Land Court delivered on 19th February 2021, seeks an order, under Rule 4 of the Court of Appeal Rules, that the time to serve the Notice of Appeal be extended and that the notice of appeal is deemed to have been served on time.

  2. In the affidavit supporting the application, the applicant has deposed, based on information from her advocate, that following the delivery of judgment on 19th February 2021, request was made to the court on the same day for the supply of typed proceedings and the judgment; that the notice of appeal was ready for filing on 22nd February 2021; that due to malfunctioning of the judiciary’s electronic filing platform, payment for the same could only be generated from 18th March 2021; that the notice of appeal was paid for on 19th March 2021 buy by then the time to file and serve the notice of appeal had lapsed.

  3. Having considere…

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