REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 96 OF 2002 (KSM.10/02)
BETWEEN
AMOS NDUNG'U .................................................APPLICANT
AND
VINCENT NIVA NYONGESA ...............................RESPONDENT
R U L I N G
This is an application seeking leave to extend time for filing the Notice of Appeal and the Record of Appeal. It is brought under rule 4 of the Rules of this Court.
The learned Judge of the superior court delivered the judgment the subject of the intended appeal on 22nd February, 2002, some two years after the trial was concluded. The applicant could not be traced immediately to give instructions as he had relocated to a distant rural market centre. However, this application was mounted on 22nd April, 2002. The delay in setting in motion the procedures of appeal is not inordinate and has been explained to my satisfaction. I will, therefore, exercise my discretion in favour of the applicant. I gran…