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CHANDULAL BHIMJI RACH V. DR. PAUL TITUS OBWAKA

(2007) JELR 105104 (CA)

Court of Appeal  •  Civ Appli 134 of 2004  •  18 May 2007  •  Kenya

Coram
William Shirley Deverell

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI

CIVIL APPLICATION NO. 134 OF 2004

CHANDULAL BHIMJI RACH .............................. APPLICANT

AND

DR. PAUL TITUS OBWAKA ............................RESPONDENT

(An application for extension of time to file and serve a record of appeal from a ruling of the High Court of Kenya irobi (Aluoch, J) dated 31st May, 2000 in H.C.C.C. NO. 2389 OF 1995)

***********

R U L I N G

There are two relevant applications that have been filed in the Court of Appeal. The first to be filed was by notice of motion dated 14th June 2004 (hereinafter “the Extension application ”). It is Civil Application No. NAI. 134 of 2004. The applicant is Chandulal Bhimji Rach who is represented by Mr. Rustam Hira. The Respondent is named as Dr. Paul Titus Obwaka.

The main relief sought in the Extension application is for Orders that:-

“This Honourable Court be pleased to grant to the applicant herein leave to file and serve a Record of Appeal out of time.

That the costs of the app…

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