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OWINO GER
V.
MARMANET FOREST CO-OPERATIVE & CREDIT SOCIETY LTD

(1987) JELR 95427 (CA)

Court of Appeal 18 Feb 1987 Kenya
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Case Details

Suit Number:Civil Application 7 & 166 of 1986
Judges:John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt
Location:Nairobi
Other Citations:Owino Ger v. Marmanet Forest Co-operative & Credit Society Ltd [1987] eKLR

RULING

Two motions are before the court, the one No 7 of 1987 seeks to gain extension of time, and the second No 166 of 1986 seeks to have the notice of appeal struck out. We decided to hear and determine the motion No 7 of 1987 first.

On May 30, 1986 the High Court gave a ruling, short but not so sweet, according to the applicant, to the effect that the relationship of advocate and client existed between the applicant and respondent. Upon that ruling being given, the High Court then adjourned the hearing of the originating summons before that court, to June 3, 1986. Further adjournments brought the case to June 13, and finally June 26, 1986. On the latter date, the High Court decided to stay the proceedings pending the hearing of the appeal, which had then been commenced by notice of appeal filed on

June 13, 1986. It is acknowledged that that notice was filed just in time. Unfortunately the notice of appeal was not served within 7 days in accordance with rule 76 of the Court of Appeal R…

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