Hellen Waruguru Waweru v. Kiarie Shoe Stores Limited

IN THE COURT OF APPEAL

AT NYERI

CORAM: OTIENO-ODEK J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. 36 OF 2013

BETWEEN

HELLEN WARUGURU WAWERU

(suing as the legal representative of

PETER WAWERU MWENJA (DECEASED) .....................APPLICANT

AND

KIARIE SHOE STORES LIMITED..............................RESPONDENT

(An application for extension of time to file record and memorandum of appeal out of time against the judgment of the High Court of Kenya at Embu(H.Ongun’di, J.) delivered on 20^th February, 2013

in

H.C.C.A No. 58 0f 2010)

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R U L I N G

By a Notice of Motion dated 3^rd December 2013, the applicant seeks two orders under Rules 4&42 of the Court of Appeal Rules 2010 that:-

• The time within which to lodge an appeal against the entire judgment of the learned Judge delivered on 20^th February 2013 be extended.
• Costs of the application be in the cause.

The ground in support of the application is that the time within which to prepare and file the record of appeal lapsed before the applica…