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Antony Mwau Wambua v. United Finance Company Ltd

(1997) JELR 106036 (CA)

Court of Appeal  •  Civil Application 162 of 1997  •  23 Sep 1997  •  Kenya

Coram
Akilano Molade Akiwumi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI 162 OF 1997

BETWEEN

ANTONY MWAU WAMBUA ............................................. APPLICANT

AND

UNITED FINANCE COMPANY LTD ............................. RESPONDENT

(Application for extension of time to file an Appeal out of time in an Appeal

from a Judgment of the High Court of Kenya at Nairobi (Justice Aganyanga)

dated 24th November, 1995

in

H.C.C.C. NO. 4717 OF 1990)

***********

R U L I N G

There are at least two cumulative reasons why this application for extension of time for the applicant to institute his appeal, must fail.

The judgment which the applicant intends to appeal against, was given on 23rd November, 1995 and Notice of Appeal was filed on 28th November, 1995. This according to Rule 81(1) of our Rules means that the applicant had 60 days from this date within which to lodge his appeal. This essential step he did not take. Furthermore, the exemption to this rule, does not…

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