Login Register

G M M v. A M M.

(1985) JELR 104882 (CA)

Court of Appeal  •  civil misc appl 31 of 85  •  26 Jul 1985  •  Kenya

Harold Grant Platt


Mwalabu v. Mwalabu

Court of Appeal, at Nairobi July 26, 1985 Platt Ag JA

Civil Application No NAI 31 of 1985

(Application from the High Court at Nairobii, Butler-Sloss J, Civil Case No 131 of 1982 OS)

July 26, 1985, Platt Ag JA delivered the following Ruling.

The applicant moved the court pursuant to his notice of motion filed on May 6, 1985, seeking orders that time be extended for him to lodge his notice of appeal out of time. At the outset, Mr Gathuku criticized the heading of the application with reason: it was amended and the application is taken under rule 4 of the Court of Appeal Rules.

The application is unusual and further more took an unusual turn. It is not contested that Mr M, the applicant, was the unsuccessful respondent, in an application decided in favour of his wife under the Married Women’s Property Act 1882, whereby the parties were adjudged to be joint owners of a plot of land. This decision was given on March 19, 1985. Mr M had 14 days under rule 74(2) of the Court of A…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login