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Alred Nyangweso Akunga v. Joshua Hamisi Ondimu

(2013) JELR 105530 (CA)

Court of Appeal  •  Civil Application 60 of 2012  •  13 Jun 2013  •  Kenya

Coram
Sankale ole Kantai

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: KANTAI, J. A (IN CHAMBERS)

CIVIL APPLICATION NO. 60 OF 2012

BETWEEN

ALRED NYANGWESO AKUNGA ............................................APPLICANT

AND

REV. JOSHUA HAMISI ONDIMU ..................................RESPONDENT

(An application for extension of time to file Record of Appeal out of time

from a judgment of the High Court of Kenya at Kisii (Hon. Mr. Justice

D. MUSINGA) dated the 16th day of September 2011)

in

KISII HCCC No. 81 OF 2007)

********************

RULING

What is before me is a Motion by Notice under Rule 4 of this Court's Rules, 2010, where the Applicant, Alfred Nyangweso Akunga prays in the main that I extend the time within which the applicant may file and serve a Record of Appeal out of time. The Motion is supported by grounds set out to the effect that a judgment was delivered in the High Court on 30th September 2011 in favour of the respondent Rev. Joshua Hamisi Ondimu; a Notice of Appeal was lodged on 13th October, 2011 and was duly serv…

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