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DANIEL KIMANI NJIHIA V. FRANCIS MWANGI KIMANI & THIKA DISTRICT LAND REGISTRAR

(2010) JELR 102925 (CA)

Court of Appeal  •  Civil Application 146 of 2010  •  12 Nov 2010  •  Kenya

Coram
Joseph Gregory Nyamu

Judgement

RULING

This is an application brought under Rules 4 and 74 of this Court’s Rules. The application seeks leave to file Notice and Record of Appeal out of time in the intended appeal from the judgment and decree of the superior court delivered on 7th June 2006 in Nairobi by Osiemo, J.

The dispute relates to alleged excision of land measuring 0.62 acres from Land Parcel/LOCI Mukarara/253 which was allegedly added to parcel LOCI/Mukarara/960. The suit was commenced on 23rd November 1990 nearly 20 years ago.

At the hearing, the applicant was represented by learned counsel Ms Namisi whereas the respondent was represented by learned counsel, Mr Kaai.

The applicant in a nutshell has grounded his application on the grounds that the notice of appeal was timeously filed and served on the respondent as required under the rules; but no further action was taken to lodge a record of appeal for four years due to his counsel having left private practice and joining gainful employment with the Kenya Anti C…

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