FESTUS NGOLUA MIBURI v. ABDALLA CHULLU UNIFREIGHT CONVEYORS (K) LIMITED

REPUBLIC OF KENYA

FESTUS NGOLUA MIBURI............................................ APPLICANT

AND

ABDALLA CHULLU

UNIFREIGHT CONVEYORS (K) LIMITED .................... RESPONDENTS

(Application for extension of time to lodge record of appeal in an intended appeal from

the judgment of the High Court of Kenya at Nairobi (Lady Justice Ang’awa) dated 2^nd

May, 2002

in

H.C.C.C. NO. 1348 OF 2000

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R U L I N G

This is a motion under rule 4 of the Court of Appeal Rules, in which Festus Ngolua Miburi, (the applicant) prays for an order extending the time within which to lodge a record of appeal. The motion which bears the date 17^th May 2004, was filed in court on 19^th May 2004, almost one year after the expiry of the period within which the record of appeal should have been filed.

In his affidavit in support of the aforesaid motion the applicant gave three reasons for his failure to take the essential step of lodging a record of appeal, namely lack of funds, sickness and being fully occupied a…