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John Terer, Richard Rotich Kipkorir Kirui (Suing as officials for and on behalf of ST MARK'S COMMUNITY GROUP) v. John Mbaraka ,Nelson Kipruto Tuitoek, Joseph Tonui

(2010) JELR 100782 (CA)

Court of Appeal  •  Civil Application 274 of 2009  •  26 Feb 2010  •  Kenya

Coram
Philip Nyamu Waki

Judgement

IN THE COURT OF APPEAL OF KENYA

AT NAKURU

Civil Application 274 of 2009

JOHN TERER RICHARD ROTICH KIPKORIR KIRUI (Suing as officials for and on behalf of ST MARK’S COMMUNITY GROUP) ......... APPLICANTS AND

FR. JOHN MBARAKA NELSON KIPRUTO TUITOEK JOSEPH TONUI .................................................... RESPONDENTS (Application to extend time to serve the notice of Appeal lodged o 12th May, 2009 in Kericho High Court Civil suit No. 40 of 2009 against the decision of Lady Justice M.A. Ang’awa delivered on the 6th May, 2009 and served out of time on the 12th June, 2009) RULING By their motion dated 24th August, 2009 and filed on 26th August, 2009, the applicants seek an order under Rule 4 of the rules of this Court for extension of time within which to serve a notice of appeal against the decision of the superior court made on 6th May, 2009. The notice of appeal was indeed filed timeously on 12th May, 2009 but it was served on 12th June, 2009 which was out of time. Learned counse…

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