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JAMES HERBERTS ODHIAMBO V. FAR EAST CHINESE MEDICAL CENTRE & SHELTER INVESTMENT (INTERESTED PARTY)

(2002) JELR 101180 (CA)

Court of Appeal  •  Civil Application Nai. 43 of 2002  •  2 Aug 2002  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

R U L I N G

This is an application by James Herberts Odhiambo in which the following orders are sought: "1.THAT this Honourable Court be pleased to extend time within which to file and serve the Notice of Appeal and Record of Appeal against the judgment of Hon. Justice E. Githinji delivered on 30th of August, 1996 in the High Court of Kenya at Nairobi Civil Case No. 1706 of 1996. 2.THAT the costs of this second prayer application be in the intended Appeal."

The grounds upon which the application is brought are set out together with supporting affidavit. The intended appeal is against the judgment of Githinji, J. delivered on 30th August, 1996. This application for extension of time was filed in this Court on 1st March, 2002. On the face of it there is a long delay of over five years. The applicant blames his previous advocates for this inordinate delay.

I have carefully perused the documents in support of the application together with the replying affidavits and it would appear that the …

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