Gitahi Gateru & Richard Gathua Gitahi v. Simon M. Kimondo

IN THE COURT OF APPEAL

AT NYERI

(CORAM: OMOLO, JA)

CIVIL APPLICATION NO NAI 237 OF 1993

BETWEEN

GITAHI GATERU.....................................APPLICANT

RICHARD GATHUA GITAHI......................APPLICANT

AND

SIMON M. KIMONDO..........................RESPONDENT

(NYR 36/93)(Appeal from the Ruling of the High Court of Kenya atNyeri (Tunoi, J) dated 17^th March, 1992

in

HCC CaseNo 38 of 1981)

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

RULING

Gitahi Gateru and Richard Gathua Gitahi, the applicants herein, ask me for two orders under Rule 4 of the Court’s Rules and those orders are:

that I be pleased to grant an extension of time to file notice of appeal against the judgment or orders of the High Court at Nyeri dated 17^th March, 1992 in an application to set aside arbitration award dated 3^rd December, 1992 in HCCC No 38 of 1981.

that the costs of and incidental to this application abide the result of the intended appeal.

The applicants and the respondent have been locked in a dispute over land known as Parcel No Mahiga/…