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MWANIKI NJOROGE KAMAU & ANOTHER
V.
LEE SHEH PONG

(1998) JELR 99393 (CA)

Court of Appeal 1 Jul 1998 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. NAI. 122 OF 1998
Judges:Johnson Evan Gicheru JA
Location:Nairobi
Other Citations:MWANIKI NJOROGE KAMAU & ANOTHER v. LEE SHEH PONG [1998] eKLR

RULING

In this application the applicants have sought extension of time within which to lodge and serve the Notice of Appeal. They also seek extension of time within which to serve the latter applying for a copy of the proceedings in the superior court upon the respondent.

The applicants' original Notice of Appeal was, according to counsel for the applicants, struck out by this Court on 27th April, 1998 for the reason that it was lodged one day outside the prescribed period. That delay, according to counsel, was due to the failure by the registrar of the superior court to endorse and indicate the date of lodgement of the said Notice of Appeal. Also, according to counsel, the letter applying for a copy of the proceedings in the superior court dated 21st May, 1997 and copied to counsel for the respondent was inadvertently not served upon the latter counsel. It is on account of these lapses which, according to counsel for the applicants, are not to be blamed on the applicants that the latt…

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