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KENYA TEA DEVELOPMENT AUTHORITY
V.
ROY TRANSMOTORS LIMITED

(2009) JELR 100323 (CA)

Court of Appeal 9 Oct 2009 Kenya
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Case Details

Suit Number:Civil Application 168 of 2008
Judges:Alnashir Ramazanali Magan Visram
Location:Nairobi
Other Citations:KENYA TEA DEVELOPMENT AUTHORITY v. ROY TRANSMOTORS LIMITED [2009] eKLR

RULING

This is an application under Rule 4 of the Court of Appeal Rules for extension of time to file an appeal from the ruling and order of the superior court (Nambuye, J) dated 20th November, 2007. The application is supported by an affidavit sworn by Rebeccah Mbithe, Head of Legal and Regulatory Affairs of the applicant.

The judgment in the case before the superior court was delivered on 20th November, 2007, and a notice of appeal was indeed filed within time on 3rd December, 2007. Then the applicant went to slumber until 26th March, 2008 when the respondent filed an application to strike out the Notice of Appeal. Now, faced with the aforesaid application, the applicant instructed new advocates to file this application for extension of time. Even then, it took the applicant’s new advocates four months to file the application.

The reasons for the delay in filing the application are blamed on the applicant’s previous advocates. In her supporting affidavit, Rebeccah Mbithe avers:

“That ha…

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