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JOHN KIRAGU MWANGI V. NDEGWA WAIGWA

(2000) JELR 101309 (CA)

Court of Appeal  •  civil misc appl 179 of 00  •  27 Oct 2000  •  Kenya

Coram
Amrittal Bhagwanji Shah JA

Judgement

RULING

The applicant seeks extension of time to lodge a record of appeal under rule 4 of the Rules of this Court . The intended appeal is against the "judgment" of the superior court (Juma J) delivered on 10th December, 1999 whereby the learned Judge dismissed an application brought by the applicant by way of a chamber summons objecting to a bill of costs taxed by the Taxing Officer (Mr Opondi) in the sum of KShs.86,275/=. The bill of costs was in respect of a suit based on a tenancy. I have perused the bill of costs lodged in the superior court. It is one of the most inarticulately drawn bill of costs I have seen. Profit costs and out of pockets (amongst other matters) are all jumbled up. Rule 69 of The Advocates (Renumeration) Order has been totally disregarded in the process of drawing up the bill of costs. The intended appeal would certainly be meritorious but the issue that I have to decide is whether or not there is an acceptable explanation before me to enable me to enlarge the …

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