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Joseck Wakoli Libusi v. Jackson Wasilwa Libusi, Justus Wanga Libusi & Wycliffe Khisa Libusi

(2001) JELR 98283 (CA)

Court of Appeal  •  civil misc appl 256 of 00  •  22 Mar 2001  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

CORAM: TUNOI, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 256 OF 2000

BETWEEN

JOSECK WAKOLI LIBUSI ..................................APPLICANT

AND

JACKSON WASILWA LIBUSI)

JUSTUS WANGA LIBUSI ) .............................RESPONDENTS

WYCLIFFE KHISA LIBUSI )

(An application for extension of time to lodge and serve

the notice of appeal and record of appeal out of

time from the judgment and decree of the High Court

of Kenya at Bungoma (Mbito J.) dated 2nd October,

1998

in

H.C.C. SUITS NO.81 (OS) and 85 OF 1994 (CONSOLIDATED)

*****************************************

R U L I N G

This is an application expressed to be brought under rule 4 of the Court of Appeal Rules for extension of time to file a Notice of Appeal and lodge an appeal.

The genesis of this application is that judgment the subject matter of the intended appeal was delivered on 2nd October, 1998. There then followed Civil Appeal No.300/99. Unfortunately, it was struck out on 16…

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