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Brooke Bond Kenya Limited v. James Nyabiosi

(2006) JELR 98410 (CA)

Court of Appeal  •  Civil Application 339 of 2005  •  30 Mar 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

CIVIL APPLICATION 339 OF 2005

BROOKE BOND KENYA LIMITED ........................................... APPLICANT

AND

JAMES NYABIOSI .............................................................. RESPONDENT

(Application for extension of time to file an appeal in the High Court out of time from the judgment of the Principal Magistrate’s Court at Kisii (Mr. Soita, P.M) dated 28th April, 2004

in

Chief Magistrate’s Court Civil Case No. 251 of 1998)

*****************

R U L I N G

This is a strange application in which I am being asked to exercise the discretion of the Court conferred by rule 4 to extend time so as to enable the applicant to file an appeal, not in this Court, but in the High Court. The High Court itself has the power to extend time to enable parties such as the applicant, file appeals in that court. It is not alleged that the High Court has refused to exercise its power to extend time but even if it had refused to do so, the app…

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