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FRANCIS MWANZA MULWA V. PAMELA MARY KIKUMU

(1995) JELR 104900 (CA)

Court of Appeal  •  Civil Misc Appl 191 of 94  •  8 Mar 1995  •  Kenya

Coram
Johnson Evan Gicheru

Judgement

RULING

In this application, the applicant has sought extension of time within which to serve the Notice of Appeal lodged in the superior court on 15th July, 1994. That Notice of Appeal was served on counsel for the respondent on 4th August, 1994 - 13 days out of time. The applicant's reasons for this delay are that during the period between 18th July to 2nd August, 1994 he underwent a series of Medical consultations and tests which occupied alot of his time and was therefore unable to attend to matters pertaining to the case the subject-matter of the Notice of Appeal referred to able and to his office generally.

Besides, the process server whom the applicant had given instructions that he should be given the notice of appeal for service upon counsel for the respondent was not seen until 3rd August, 1994 on which latter date the said Notice of Appeal was handed over to him. The fact of late service of this Notice of Appeal came to the applicant's attention on 12th August, 1994 when he r…

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