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Githinji v. Gakoru

(1987) JELR 104852 (CA)

Court of Appeal  •  Civil Application NAI 66 of 1987  •  28 Oct 1987  •  Kenya

Coram
Joseph Raymond Otieno Masime, John Mwangi Gachuhi, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT NYERI

(CORAM: NYARANGI, GACHUHI, JJA and MASIME AG JA)

CIVIL APPLICATION NO NAI 66 OF 1987

GITHINJI.........................APPELLANTS

VERSUS

GAKORU......................RESPONDENT

JUDGMENT

October 28, 1987, Nyarangi, Gachuhi, JJA and Masime Ag JA delivered the following judgment.

This is a reference from a single judge to the court under rule 54 to reverse the decision of the single judge in an application under rule 4 and rule 74(2) for an order that the notice of appeal lodged with the registrar on or about May 8, 1986 be deemed to have been properly lodged and within the time allowed.

In his supporting affidavit, the applicant deponed that he briefed Mr Ngibuini the advocate who was then acting for him to take steps to institute an appeal in this court but that it was not until March 1987 when he became aware that no essential step had been taken to file an appeal.

The single judge was not informed that at about the time the applicant instructed Mr Ngibuini to causeā€¦

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