IN THE COURT OF APPEAL
AT MAIROBI
(Coram: Madan, Miller and Potter JJ A)
CIVIL APPLICATION NO NAI 3 OF 1979
Between
DICKSON NGIGI NGUGI ...................................APPLICANT
AND
MORRISON NJENGA WAWERU........................RESPONDENT
(Application for leave to appeal against a decision of Nyarangi J in the High Court, Nakuru, on 24th November 1978)
JUDGMENT
This application by motion arises from a ruling of the High Court which refused the applicant leave to appeal against an order made by the same Court on 24th November 1978, whereby possession of the suit premises was directed to be given to the respondent in somewhat unusual circumstances in view of the state of the pleadings in the suit. The application also asks that time to file the appeal be extended by thirty days.
Nyarangi J said in his ruling (although it is headed “judgment”):
To save costs and time and in the interest of justice, I decide that the applicant should seek the leave of the Court of Appeal to appeal to that Court, g…