Customer Support

INTCON AFRICA LIMITED
V.
JOACHIM MUTISYA NDUVA

(2020) JELR 101477 (CA)

Court of Appeal 7 Aug 2020 Kenya
BriefBot icon

BriefBot Summary

Free

- The case involves an application for an extension of time to file and serve a Memorandum and Record of Appeal out of time. - The applicant, Intcon Africa Limited, was found liable for injuries suffered by the respondent, Joachim Mutisya N

Case Details

Suit Number:Civil Application 213 of 2019 (UR 196/2019)
Judges:Martha Karambu Koome
Location:Nairobi
Other Citations:Intcon Africa Limited v. Joachim Mutisya Nduva [2020] eKLR

RULING

[1] Before me is a Notice of Motion dated 8th July, 2019 by Intcon Africa Limited (the applicant) seeking leave to extend time within which to file and serve the Memorandum of Appeal out of time. The application is supported by the affidavits of Dorry Wamugo Advocate and Jennifer Solovea the Deputy Manager at Monach Insurance Co. Ltd which were sworn on 8th July, 2019 as well as the grounds stated in the motion. According to the applicants, Monac Insurance Co. Ltd, had insured the applicant against a claim which was the subject of litigation before the Magistrate’s court at Mavoko where judgment was delivered on 11th September, 2015 with the applicant being found liable at 90% for the injuries suffered by the respondent and was ordered to pay a sum of Ksh. 600,000 including interest and costs.

[2] Aggrieved by the said judgment, the applicant filed an appeal before the High Court being Civil Appeal No 155 of 2015 on the 6th October, 2015. The applicant also filed written submissi…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.