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KENYA NATIONAL HIGHWAY AUTHORITY
V.
CYCAD PROPERTIES LIMITED & 33 ORS.

(2021) JELR 113674 (SC)

Supreme Court 17 Mar 2021 Kenya
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Case Details

Suit Number:APPLICATION NO. 26 OF 2020
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. Introduction

  1. This application is dated 17th September 2020, and lodged on 21st September 2020, seeking an Order for extension of time to file a Petition and Record of Appeal, against the majority Judgment and Order of the Court of Appeal (Ouko, Sichale & Odek, JJA) in Civil Appeal No. 156 of 2013 consolidated with Civil Appeal No. 160 of 2013. The application is brought under the provisions of Article 156 (2) of the Constitution, Sections 14 of the Supreme Court Act 2011, and Rules 3 (2) (4) & (5), 15 (2) and 65 of the Supreme Court Rules, 2020.

    B. The Application

  2. The Motion is based on the applicant’s Supporting and Supplementary Affidavits sworn by Norah Beatrice Odingo on 17th September 2020, and 7th October 2020, respectively. The applicant avers that while the Court of Appeal Judgment was delivered on 7th June 2019, it was not until September 2019, when it managed to appoint a different advocate to pursue the intended appeal. According to the applicant, the del…

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