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Christopher Mugo Kimotho v. Attorney General

(2009) JELR 97251 (CA)

Court of Appeal  •  Civil Appli 131 of 2008  •  23 Oct 2009  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

CIVIL APPLI 131 OF 2008

CHRISTOPHER MUGO KIMOTHO..................................APPLICANT

AND

THE HON. THE ATTORNEY GENERAL........................RESPONDENT

(Application for leave to file the record of appeal out of time in an intended appeal from the

judgment and decree of the High Court of Kenya at Nairobi (Osiemo, J) dated 30th November, 2006

in

H.C.C.C. No. 287 of 1997)

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

RULING

In an application expressed to have been field herein under rule 4 of the Court of Appeal Rules on 20th June, 2008 the applicant sought an order to extend time within which to file the record of appeal and also for costs thereof. The application was based on 6 grounds which are set out on the face thereof. They are that:-

“(i) The original Certificate of Delay was misplaced within counsel’s chambers.

(ii) The said Certificate of Delay has now been retrieved.

(iii) It is fit and just in the circumstances to so order.

(iv) That the interest …

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