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LEOPARD ROCK MICO LIMITED
V.
ELECTRICAL SERVICES LIMITED

(2014) JELR 99606 (CA)

Court of Appeal 19 Mar 2014 Kenya
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Case Details

Suit Number:Civil Appeal 140 of 2009
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Location:Nyeri
Other Citations:Leopard Rock Mico Limited v. Electrical Services Limited [2014] eKLR

JUDGMENT OF THE COURT

By a Notice of Motion dated 21st October, 2008, the appellant filed an application before the High Court seeking extension of time within which to file an appeal against the decision of the Chief Magistrates’ Court delivered at Nyeri on 27th June, 2007. The application was heard by the Makhandia J. (as he then was). In the application, the appellant averred that it could not file its appeal timeously because on the date when the judgment of the subordinate court was delivered, its counsel was not in court. The honourable Judge by a Ruling dated 9th October, 2008, dismissed the application holding that the appellant had been lax and had not shown any enthusiasm to pursue its case in the lower court.

Aggrieved by the ruling, the appellant has lodged this appeal citing six grounds to wit:

That the learned Judge erred in law having noted and it being conceded by the respondent that the appellant did not have notice of the judgment.

That the learned Judge erred in law and…

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