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FRANCIS MBURU NJOROGE V. PETER KABIBI KINYANJUI & AFRICA MEDIA LIMITED

(2007) JELR 104902 (CA)

Court of Appeal  •  Civil Appli. Nai 71 of 2007  •  27 Jul 2007  •  Kenya

Coram
William Shirley Deverell

Judgement

O R D E R

This is an application for an extension of time within which the applicant can lodge and serve a fresh Notice of Appeal and Record of Appeal. The original Notice of Appeal against the judgment of Osiemo J delivered on 27th June 2000 was lodged in time but the record of appeal was not lodged in time.

The extension time sought, according to Mr. Tiego the learned counsel for the applicant is 21 days from the date when the original Record of Appeal was struck out on 13th March, 2007 to the date when the current Notice of Motion applying for extension was filed on 3rd April 2007. He relied on the case Alfred Ramaris and others v. Association of Members Episcopal Conference in Eastern Africa Civil Application No. Nai. 375 of 2002 (unreported).

Mr. Kamunda, the advocate for the respondents Peter Kabibi Kinyanjui and Africa Media Limited informed me that he did not oppose the application.

In applications under rule 4 (1), as a single Judge, have an unfettered discretion to extend the ti…

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