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SOUTH NYANZA SUGAR CO LTD
V.
HESBON ONYURO

(2000) JELR 93729 (CA)

Court of Appeal 23 Mar 2000 Kenya
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Case Details

Suit Number:civil misc appl 233 of 00
Judges:Effie Owuor
Location:Kisumu
Other Citations:South Nyanza Sugar Co Ltd v. Hesbon Onyuro [2000] eKLR


RULING

This is yet another application under the provision of rule 4 of the Rules of this Court by the applicant in its attempt to mount a successful appeal. Two previous applications for extension of time having been previously struck out by this Court. According to counsel however, the last one having been struck out as being incompetent on 23rd of June, 2000, he decided that he would let the period so prescribed for filing the appeal run out and thereafter prosecute the application for extension of time. He had filed a notice of appeal on 13th of April, 2000. He was given the proceedings and judgment on 31st of July, 2000. The time for lodging the appeal was expiring at the very latest on 31st of July, 2000. He therefore saw it fit to let the time expire. He filed this application on 7th of August, 2000 for orders extending time for filing both the Notice of Appeal and Record of Appeal.

Mr Aduda, counsel for the respondent contends that so long as the Notice of Appeal filed by the a…

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