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Joseph D Halake v. Yunis Malik

(2008) JELR 100734 (CA)

Court of Appeal  •  Civil Appli 37 of 2008 (Nak5/08)  •  3 Oct 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Civil Appli 37 of 2008 (NAK 5/08)

JOSEPH D. HALAKE ................................................ APPLICANT

AND

YUNIS MALIK .................................................... RESPONDENT

(Application for enlargement of time to file Notice of appeal and that time be extended to admit the intended appeal out of time from the judgment of the High Court of Kenya at Nakuru (Kimaru, J.) dated 18th October, 2007

in

H.C.C.S. NO. 230 OF 2004

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

R U L I N G

This is an application under rule 4 of the Rules of this Court, brought by Joseph D. Halake, the unsuccessful plaintiff in a suit for specific performance of an oral contract for the sale of land. The respondent and owner of the property, the subject matter of that agreement, is Yunis Malik. There were infact two pieces of land in issue namely L.R. No. 19912/6 and 19912/7 both situated within Nakuru Municipality.

Judgment regarding the two parcels of land was delivered o…

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