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Gabriel Osimbo v. Chrispinus Mandare

(2020) JELR 98348 (CA)

Court of Appeal  •  Civil Appeal 86 of 2015  •  3 Apr 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: GITHINJI, OKWENGU and J MOHAMMED, JJ.A)

CIVIL APPEAL NO. 86 OF 2015

BETWEEN

GABRIEL OSIMBO........................................APPELLANT

VERSUS

CHRISPINUS MANDARE..........................RESPONDENT

(Appeal from the Judgment and Decree of the High Court of Kenya

at Busia, (Tuiyott, J.) dated 4th March, 2015

in H.C.C.A NO. 3 OF 2011)

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

JUDGMENT OF J. MOHAMMED JA

Background

1. This is an appeal against a ruling delivered by the High Court (Tuiyott, J.) dismissing the appellant’s appeal for the reason that it was filed out of time. A brief background of the suit is that the respondent herein, Chrispinus Mandare, initiated the suit against the appellant, Gabriel Osimbo by way of plaint dated 5th February, 2010 claiming rent arrears of Kshs. 77,000/- and interest thereon at court rates as well as costs of the suit. On 21st May, 2010, the court entered judgement in favour of the respondent against the appellant for Kshs. 77,000/- as the appell…

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