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RHODA NDULULU SENGETE & ANOTHER
V.
TABITHA KAVENGE MATOLO

(2019) JELR 96861 (CA)

Court of Appeal 5 Apr 2019 Kenya
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Case Details

Suit Number:Civil Application 115 of 2015
Judges:Martha Karambu Koome
Location:Nairobi
Other Citations:Rhoda Ndululu Sengete & another v. Tabitha Kavenge Matolo [2019] eKLR

RULING

[1] Rhoda Ndulu Sengete and Daniel Kasima Gibson, (applicants) seek in this application extension of time to file and serve the Notice and Record of Appeal out of time. The application is dated 5th May 2015, although it is not clear the date of filling which may or may not be within the same time. The judgment that they intend to appeal against was delivered on 19th December, 2014 in ELC No 309 of 2005. The application is supported by the affidavit of Daniel Kasimu Gibson sworn on 5th May, 2015 and a supplementary one by the same deponent sworn on 22nd October, 2018. In the said affidavit, the applicant annexed some pleadings and elaborated on some grounds of appeal that are also contained in the draft memorandum of appeal to bolster the argument that the appeal was arguable.

[2] According to counsel for the applicants his clients were aggrieved by the said judgment and they instructed the firm of Wanyoike and Macharia Advocates to lodge an appeal. That the said advocates did not…

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