IN THE COURT OF APPEAL
AT KISUMU
(Coram: Keiwua JA)
CIVIL APPLICATION NO NAI 311 OF 2001 (KSM 54/01)
DANIEL OLUKOBA WAMATSI.................. APPLICANT
VERSUS
BENSON OMURMA
PASCAL WANGA WAMATSI
WILFRED BUKUSU WAMATSI..............RESPONDENTS
(Application for extension of time to file and serve
Notice of Appeal, Memorandum and Record of Appeal from the
judgment of the High Court at Kakamega (Birech CA) dated
12th October, 2000 in HCCC No 240 of 1990)
RULING
The application is for extension of time within which to file and serve the Memorandum and Record of Appeal. The applicant was, due to ill health coupled with inability to raise the required filing fees and security for costs, unable to instruct his advocate in time to file and serve these documents. The intended appeal is not without merit and the grant of the application would facilitate the determination of it on merit.
Judgment in HCCC No 240 of 1990 was delivered on October 12, 2000 when the applicant, who was sick, was present in court and i…