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Joham Muiruri Kibaru v. Simon Towett Maritim

(2011) JELR 100959 (CA)

Court of Appeal  •  Civil Application 235 of 2010  •  28 Sep 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

IN THE COURT OF APPEAL AT NAKURU CORAM: BOSIRE, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 235 OF 2010 BETWEEN JOHAM MUIRURI KIBARU.........................................................APPLICANT AND SIMON TOWETT MARITIM...................................................RESPONDENT (An application for extension of time within which to serve the notice of appeal arising from the decision of the High Court of Kenya at Nakuru (Ouko, J) dated 15th January, 2010 in H.C.C.C. NO. 188 OF 2007) **************

R U L I N G

This is a motion under rule 4 of the Court of Appeal Rules for an order extending the time within which to serve a notice of appeal. The applicant Jotham Muiruri Kibarufiled a notice of appeal declaring his intention of appealing against the decision of the High Court given on 15th January, 2010, in High Court Civil Case No. 188 of 2007, but he did not serve the said notice within the stipulated time under the Court of Appeal Rules. He has explained through his advocate, Mr…

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