Customer Support

JAMES TWARA MUSIORI T/A PREMIUM SERVICE COMPANY
V.
ELPHAS ODIWUOR OMONDI

(2012) JELR 98084 (CA)

Court of Appeal 10 Oct 2012 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 16 of 2011
Judges:H. M. OKWENGU
Location:Kisumu
Other Citations:JAMES TWARA MUSIORI T/A PREMIUM SERVICE COMPANY v. ELPHAS ODIWUOR OMONDI[2012]eKLR

RULING

1. By a notice of motion dated 14th December, 2011 James Twara Musiori trading as Premium Service Company, hereinafter referred to as the applicant seeks to have time extended for him to file and serve a notice of appeal and a record of appeal. The applicant who was the appellant in the High Court, explains that he is based in the United States of America, and that judgment in his appeal in the High Court was delivered on 8th July 2011 without notice, and that he only came to learn of the judgment three days before the expiry of time to file a notice of appeal. He indicated his wish to pursue an appeal against the judgment of the High Court to his advocate. However, due to the time taken in obtaining a copy of the High Court judgment, and communication between the applicant and his advocate, the applicant was not able to file his appeal within time. Learned Counsel Mr. Momanyi who appeared for the applicant contends that the applicant’s intended appeal raises arguable issues and…

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.