Customer Support

SUDI ALI RASHID
V.
RUTH ALIAS RAYA JEREMIAH ATIENO

(2019) JELR 95487 (CA)

Court of Appeal 19 Jun 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 83 of 2018
Judges:Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Sudi Ali Rashid v. Ruth alias Raya Jeremiah Atieno [2019] eKLR

RULING

1. By an application dated 13th May 2018, the applicant has moved this Court under Rule 4 of the Court of Appeal Rules seeking to have the Notice of Appeal filed on 21st March 2018 and the Memorandum and record of appeal filed on 9th April 2018 to be deemed as duly filed or alternatively, that the time for lodging the same be extended. The intended appeal challenges a judgment of the Environment and Land Court given on 31st January 2018 dismissing his suit with costs.

2. The applicant states in support of the application that when the suit was before the trial court for mention to confirm the filing of submissions, he attended court alongside his Advocate, Mr. Said Ali. There was no attendance on behalf of the respondent on the said date. Nonetheless, the trial court, having confirmed that the applicant’s submissions were on record, directed that the respondent had until 31st January 2018 to file her submissions and that thereafter, judgment would be rendered on 28th February 201…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.