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DAVID KONGO v. NJOROGE NJUGUNA

(1994) JELR 102984 (CA)

Court of Appeal  •  civil misc appl 76 of 94  •  16 Sep 1994  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI CORAM: OMOLO, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 76 OF 1994 BETWEEN

DAVID KONGO .............................................................APPLICANT

AND

NJOROGE NJUGUNA ............................................RESPONDENT

(Application of extension of time to file appeal

from a judgment of the High Court of Kenya at Nairobi (Justice Nyarangi) dated 18th October, 1979 in H.C.C.C. NO. 575 OF 1968) ***************

RULING

David Kongo, the applicant herein, asks me under rule 4 of this court's Rules to exercise my discretion in his favour and grant to him an extension of time within which he can lodge his appeal. The judgment against which he proposes to file his intended appeal was delivered by the late Mr. Justice Nyarangi on 18th October, 1979. That is some fifteen years ago. However, the applicant did actually file an appeal against the judgment. That was this Court's Civil Appeal No. 79 of 1985. That appeal came up for hearing on…

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