IN THE COURT OF APPEAL OF KENYA AT NYERI Civ Appli 88 of 2004 (NYR. 6/2004)
GATUMU RUBICHU...............................................................................APPLICANT
AND
NDAMBIRI WAMBUI RUBICHU.............................................................RESPONDENT
(Application for extension of time to file an appeal from a judgment and decree of the High Court of Kenya at Nyeri (Juma, J) dated 12th July, 2001
in
H.C.C.A NO 61 of 1999)
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RULING ON REFERENCE TO THE FULL COURT
A single member of the Court (TUNOI, J.A) was asked, under Rule 4 of the Court’s Rules, to exercise his unfettered discretion conferred by that Rule and grant to the applicant Gatumu Rubichu leave to file an appeal out of time. Gatumu Rubichu had wanted to appeal against the decision of Juma, J made on 12th July, 2001. He lodged his notice of appeal on 26th July, 2001 and it was shown before the learned single Judge that the Deputy Registrar of the superior court at Nyeri had furnished the ap…