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MOSES ODERO OWUOR & 2 ORS
V.
ANDRONICO OTIENO ANINDO

(2013) JELR 97628 (CA)

Court of Appeal 20 Dec 2013 Kenya
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Case Details

Suit Number:Civil Application 30 of 2013
Judges:Festus Azangalala
Location:Kisumu
Other Citations:Moses Odero Owuor & 2 others v. Andronico Otieno Anindo [2013] eKLR

]RULING

This is an application for extension of time brought mainly under Rule 4 of this Court's Rules. The applicants, Moses Odero Owuor, Lazaro Otieno Owuor and Walter Ogara Owuor seek one primary order that this Court do extend time within which to lodge an appeal. The application is supported by the grounds set out in the body of the application. It is also supported by an affidavit sworn by Cephas Agure Odero, the applicants' advocate.

In his submissions before me, Mr. Odero, the learned counsel for the applicants explained that the judgment intended to be challenged was delivered in the absence of the applicants and their counsel and further that no notice of entry of judgment was served. He also attributed the delay to the length of time it took to type proceedings. In the premises, counsel contended that the delay in filing the appeal was not deliberate. In any event, according to counsel, the respondents will suffer no prejudice if the application is allowed. In a bid to show t…

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