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Cleophas Wasike v. Mucha Swala

(1984) JELR 103149 (CA)

Court of Appeal  •  Civil Application Nai 50 of 1983  •  11 Jun 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Kneller, Hancox JJA and Nyarangi Ag JA)

CIVIL APPLICATION NO NAI 50 OF 1983

BETWEEN

CLEOPHAS WASIKE ..............................APPELLANT

AND

MUCHA SWALA..................................RESPONDENT

(Appeal from the High Court at Eldoret, Mbaya J)

JUDGMENT

Cleophas Wasike (the appellant) is dissatisfied with the decision of a single judge in this civil matter and wishes to have it reversed by the full court and Mucha Swala (the respondent) is opposed to this. The learned judge’s ruling was that Cleophas Wasike’s application for an extension of the time in which to reinstate his appeal was dismissed with costs on January 20, 1984 in Nairobi. The learned judge gave two reasons for this. First, Cleophas Wasike had to show sufficient reason for the delay which he attributed to his advocate’s sloth but the learned judge said this was not sufficient reason. Secondly, he had to show that the appeal if reinstated had an overwhelming probability of success and …

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