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KATAMPOI
V.
NYAMBURA & ANOR.

(2021) JELR 113476 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL (APPLICATION) NO. E374 OF 2021
Judges:JAMILA MOHAMMED, JA
Location:Nairobi

RULING

Background

1.Before me is an application dated 13th July, 2021 filed by Pauline Katampoi (the applicant), seeking extension of time within which to file and serve the Record of Appeal out of time from the judgment of the High Court at Nairobi (A. Ongeri, J.) in Succession Cause No. 881 of 2016 delivered on 18th October, 2019. Peter Makario Nyambura & Jackline Wanjiru Ngechu are the 1st & 2nd respondents respectively.

2.The application is premised inter alia on the grounds: that there was a delay on the part of the trial court in supplying certified court proceedings to the applicant; that the certificate of delay was issued by the Deputy Registrar on 24th June, 2021; that by the time the applicant obtained the certificate of delay, the time stipulated in the rules for filing the record of appeal had lapsed; that the delay in filing the record of appeal was not deliberate but was occasioned by the unavailability of the typed proceedings and certificate of delay which constrained th…

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