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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

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 served on time; that an application for proceedings was made to the High Court on 13th October, 2011; by letter of 5th January, 2012 the High Court notified the applicant that proceedings were ready; proceedings were paid for on 5th January, 2012 and collected on 9th January, 2012; that the time necessary for preparation and supply of proceedings was from 13th October, 2011 to 9th January, 2012 as was shown in Certificate of Delay produced before me through affidavit; that delay in filing Recor…

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