REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(Coram: Hancox, JA (In Chambers)
CIVIL APPLICATION NO NAI 83 OF 1985 (KMU 15/85)
BETWEEN
BERNARD MAGOHA .......................................................... APPLICANT
AND
1. LAND REGISTRAR
2. LEONARD MASIME ................................................... RESPONDENTS
3. ISAYA ODIT
4. BERNARD OKIYA
(Application for extension of time to lodge the record of appeal in an intended appeal from a judgment of the High Court of Kenya at Kisumu (Schofield, J) dated March 12, 1985.
In
High Court Civil Case No 31 of 1978)
____________
RULING
It is now emerged that there is another difficulty in the path of the applicant, Mr Bernard Magoha, in that his notice of appeal does not contain the name of the 5th defendant in the High Court, namely Mr Osodo Obuny, who is clearly a person directly affected by the appeal under rule 76(1)l of this court’s Rules. Then there is the doubt as to the date of filing, which was heavily emphasises by Mr Gumba, on behalf of …