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MARY NCHEKEI PAUL
V.
FRANCIS MUNDIA RUGA

(2019) JELR 99238 (CA)

Court of Appeal 21 Jun 2019 Kenya
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Case Details

Suit Number:Civil Application 99 of 2018
Judges:Daniel Kiio Musinga
Location:Nyeri
Other Citations:Mary Nchekei Paul v. Francis Mundia Ruga [2019] eKLR

RULING

1. This application is brought under rules 4, 82 and 90 of the Court of Appeal Rules. The applicant seeks leave to serve a notice of appeal and record of appeal out of time. The applicant explained in her affidavit in support of the application that the judgment she intends to appeal against was delivered on 11th July, 2018; that being dissatisfied with it she filed a notice of appeal in person on 18th July, 2018; that she was subsequently informed by the registry that since she had an advocate on record she was not competent to file a notice of appeal on her own; consequently, she withdrew the notice; that by 8th August, 2018 when she filed this application the statutory period for filing and serving a notice of appeal had lapsed. The applicant added that she will suffer great prejudice if the orders sought are not granted as the suit land in dispute, which she has been ordered to vacate, is her only residence since 1981, but the respondent may not suffer any prejudice because …

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