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JOHNSON NEHONDO V. CHRISTOPHER NASHISAKO & ANOTHER

(2012) JELR 98305 (CA)

Court of Appeal  •  Civil Application 274 of 2011  •  21 Jun 2012  •  Kenya

Coram
Martha Karambu Koome

Judgement

RULING

By a judgment of Chitembwe J. delivered on 30th September 2010 at Kakamega in H.C.C.C.NO. 335 of 1988 (OS) the suit by Johnson Nehondo (applicant) was dismissed with costs. The applicant filed a notice of appeal which was lodged in court on 8th October 2010 and was duly served upon the advocate for the respondents within time. The applicant’s advocate also wrote to the High Court Registry requesting to be furnished with certified copies of the proceedings and judgment. The letter was also copied to the advocate for the respondents. The certified copies of proceedings and judgment were ready for collection 19thOctober 2011. This is according to the Certificate of delay that was issued by the Deputy Registrar, High Court at Kakamega.

By a Notice of Motion dated 22nd November 2011, brought under rules 4 and 41 of the Court of Appeal Rules, the applicant seeks for the following orders:

(a)The Honourable court be pleased to grant the applicant extension of time to file the memorandum o…

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