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EPHANTUS WACHIRA NGOCHI V. EDWARD NJOROGE MWANGI

(2013) JELR 102428 (CA)

Court of Appeal  •  Civil Application. 6 of 2013  •  25 Jul 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram

Judgement

RULING

This is an application under Rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and record of appeal, from the ruling and order of the High Court of Kenya at Nyeri (Ombwayo, J.) dated 19th March, 2013. The application is supported by the affidavit of Ephantus Wachira Ngochi sworn the 22nd May 2013.

As I stated, the ruling in the case before the High Court was delivered on 19th March, 2013. However, the applicant in his deposition says that his advocate was not informed of the final date the ruling of the High Court would be delivered; that it was initially set for delivery on 19th February, 2013; that it was adjourned again to 28th February, 2013; and eventually read on 19th March, 2013 in the absence of his advocate, and without his knowledge. He depones that once he found out about the ruling, he promptly made this application for extension of time.

Based on the above facts, Mr. A. M. Nganga, learned counsel for the applicant, urged that the pra…

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