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Concord Insurance Company Limited v. David Otieno Alinyo & Joash Otweli Alinyo (Suing As Legal Representatives of & Wellington Alinyo (Deceased)

(2002) JELR 98394 (CA)

Court of Appeal  •  civil misc appl 75 of 02  •  11 Jun 2002  •  Kenya

Coram
Abdulrasul Ahmed Lakha

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: LAKHA, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 75 OF 2002


BETWEEN

CONCORD INSURANCE COMPANY LIMITED ....................APPLICANT

VERSUS

DAVID OTIENO ALINYO and JOASH OTWELI ALINYO

(Suing as legal representatives of

WELLINGTON ALINYO (DECEASED) ..........................RESPONDENTS

(Application for extension of time to file and serve

notice of appeal out of time in an intended appeal

from the Judgment and decree of the High Court of

Kenya at Kisumu (Mr. Justice Wambilyangah) dated

27th June, 2000

in

H.C.C.C NO. 110 OF 1990)

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

R U L I N G

In all the circumstances of the case I consider this a fit and proper case for the exercise of my discretion. Time to file Notice of appeal extended by 7 days and 7 days to serve. Applicant to pay Sh.5,000/= costs of this application to the respondent within 7 days after which leave is granted to execute.

Dated and delivered at Kisumu this 11th day of June, 2002.

A.A. LAKHA

....…

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