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GIKARA KIRIAMBURI V. WAHOME GITHINJI

(1986) JELR 104856 (CA)

Court of Appeal  •  Civil Application Nai 60 of 1986  •  23 May 1986  •  Kenya

Coram
Alan Robin Winston Hancox

Judgement

RULING

This is an application for extension of time within which to institute an appeal under rule 4 of the recently amended Court of Appeal Rules. Save for the passage of the application to the Registrar of the High Court for a copy of the proceedings and judgment, and that some of the delay has been caused by the illness of the applicant/intended appellant, there is scant information in the supporting affidavit, file on March 4, this year, as to the nature of the case, and the reasons why the appeal is said to be meritorious.

This is the main objection to the application taken by Mr Ndirangu, who has appeared throughout for the respondent to this application. I have accordingly perused the records of both the lower courts to ascertain the subject matter of the case and its passage through the various stages before this second intended appeal. Before going any further I would, however, make the same observation as was made by Potter JA, in the authority to which Miss Dar on behalf of t…

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