Customer Support

LITHER PETER MUIA & ANOTHER
V.
ZUENA NGANDO KABABU

(2019) JELR 97380 (SC)

Supreme Court 17 Dec 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Application 19 of 2019
Judges:David Kenani Maraga SCJ Jackton Boma Ojwang SCJ Mohammed Khadhar Ibrahim SCJ Smokin C Wanjala SCJ Susanna Njoki Ndungu SCJ
Other Citations:Lither Peter Muia & another v. Zuena Ngando Kababu [2019] eKLR

RULING OF THE COURT

[1] UPON perusing the Notice of Motion Application by the Applicants dated 21st June 2019, brought under Article 163(4) (b) of the Constitution of Kenya, Section 3 (e) of the Supreme Court Act and Rules 3(2) and (5), 31, 33 and 53 of the Supreme Court Rules 2012, seeking an extension of time, to file a Notice of Appeal out of time against the Judgment and Orders of 27th May 2016, by the Court of Appeal in Civil Appeal No. 10 of 2017; and

[2] UPON reading the Applicants’ grounds in support of the Application and the Supporting Affidavit sworn on 21st June 2019, by Lither Peter Muia, wherein, the Applicants aver that, the delay in filling the Notice of Appeal was occasioned by their former advocates’ (Messers Nzilani Muteti) failure to file the same and commence Certification Proceedings at the Court of Appeal, notwithstanding instructions by the Applicants to do so.

[3] UPON considering the Applicants’ written submissions dated 18th July 2019, and filed on 19th July 20…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.