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JOSEPH WANYAMA KIBIRA
V.
BOARD OF MANAGEMENT ST TERESA SECONDARY SCHOOL & ANOR.

(2021) JELR 113481 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION E125 OF 2021
Judges:A. MBOGHOLI-MSAGHA, JA
Location:Eldoret

RULING

1.This is an application under Sections 3(A) and 3(B) of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules seeking orders that time be extended for filing and serving the notice of appeal and the record of appeal, and the time within which to comply therewith be set. The application is supported by an affidavit sworn by the applicant to which there is a replying affidavit sworn by Justus Chatty Wafula, the Secretary to the Board of Management of the 1st respondent and also authorised by the 2nd respondent.

2.From the record, there has been a running dispute relating a parcel of land claimed by both parties. Eventually, the judgment herein was delivered on 11th February, 2021 in favour of the respondent. The applicant knew of the judgment on 5th March, 2021. Soon after, on 8th March, 2021 he filed an application in the Superior court under Section 7 of the Appellate Jurisdiction Act seeking extension of time within which to lodge a notice of appeal which appli…

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