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Dismas Otany Otany v. John Osonga Mimbi

(2013) JELR 106809 (CA)

Court of Appeal  •  Civil Application . 23 of 2012  •  20 Dec 2013  •  Kenya

Coram
Festus Azangalala

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: F. AZANGALALA J.A (IN CHAMBERS)

CIVIL APPLICATION NO. 23 OF 2012

BETWEEN

DISMAS OTANY OTANY..................................................................... APPLICANT

AND

JOHN OSONGA MIMBI ..................................................................... RESPONDENT

(Being an application for leave to file and serve Notice of Appeal and Record of Appeal out of time from

the Judgment of the of the High Court at Kisumu (Aroni J.) dated 8th December, 2011

in

HC.SUCC. NO. 590 OF 1999)

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

RULING

The application before me dated 16th July, 2013 seeks only one order, a part from costs namely:-

“That the Hon. Court be pleased to extend time to enable the applicant to file and serve Notice of Appeal out of time against the judgment and decree of the Honourable lady justice Ali-Aroni dated 8/12/2011.”

The applicant is Dismas Otany Otany and the respondent is John Osonga Mimbi. The applicant supported the application by his affidavit sworn on 16…

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