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KIU & ANOR.
V.
KHAEMBA & 3 ORS.

(2021) JELR 113482 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL (APPLICATION) NO. E270 OF 2021
Judges:ROSELYN NAMBUYE, JA
Location:Kisumu

RULING

1.Before me is a Notice of Motion dated 3rd October, 2021 brought under Articles 159, 259(1) of the Constitution of Kenya, 2010, sections 3, 3A, 3B of the Appellate Jurisdiction Act, Cap 9 Laws of Kenya, Rule 1(2), 4, 42, 43(1) and 77 of the Court of Appeal Rules. The motion substantially seeks an order that the Notice of Appeal filed on 13th August, 2019 be deemed to be duly filed, served and properly on record together with an attendant prayer for provision for costs.

2.The motion is supported by grounds on its face, a supporting affidavit sworn by Ghati W. Magwi and written submissions dated 25th June, 2020, and the 1st respondent’s written submissions dated 16th September, 2021.

3.It has been opposed by the 2nd, 3rd and 4th respondents’ replying affidavit sworn by Mary C. Rotich (Mrs.) on 12th October, 2021 on behalf of the 2nd, 3rd and 4th respondents together with annexures thereto, and written submissions dated 12th October, 2021.

4.Cumulatively, it is the applicants’ assert…

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