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FREDRICK G. K. WAITHAKA v. THUO KAMAU & DAVID NJUGUNA THUO

(1994) JELR 104884 (CA)

Court of Appeal  •  civil misc appl 71 of 94[1]  •  17 Nov 1994  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: TUNOI, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 71 OF 1994

BETWEEN

FREDRICK G.K. WAITHAKA ............................. APPLICANT

AND

THUO KAMAU

DAVID NJUGUNA THUO .................................RESPONDENTS

(Application for extension of time to file an appeal from

a judgment of the High Court of Kenya at Nairobi

(Justice Mbito) dated 6th June, 1991

in

H.C.C.C. NO. 627 OF 1987(OS))

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

RULING


This is an application for extension of time to file an intended appeal against the judgment of the superior court (Mbito J) dated 6th June, 1991. Under rule 4 of the Court of Appeal Rules, this Court is empowered to enlarge time on any grounds, it seems just. Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.

The subject matter of the suit is the superior court and in the inteā€¦

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