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MBUGUA MUKARA GITHUKA
V.
MCCRAES LIMITED

(2021) JELR 114134 (CA)

Court of Appeal 5 Nov 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. 001 OF 2021
Judges:K.I. LAIBUTA, JA
Location:Nairobi

RULING

  1. In his Notice of Motion dated 11TH February 2021 made under Rules 4 and 82 of the Court of Appeal Rules, the Applicant, Mbugua Mukara Githuka, seeks extension of time pursuant to Rule 4 to file and serve his Notice of Appeal in respect of the intended appeal from the judgment of the Hon. Lady Justice H. M. Okwengu delivered on 21st May 2010 in Nairobi High Court Civil Appeal No. 875 of 2003.

  2. The Applicant’s Notice of Motion is made on 15 grounds set out on the face of the Motion, and is supported by his unsigned affidavit purportedly sworn on 11th February 2021. I need not recite the grounds on which the application is made, which set out the sequence of events leading to the delay in filing and serving his Notice of Appeal dated 15th October 2010. Apart from the explanations as to the cause of the delay in terms of the grounds disclosed on his Motion and supporting affidavit, there is no evidence on the record before me to suggest that the application has been served. Neither ha…

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