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Joseph Eric Owino v. Eunic Orare Were

(2002) JELR 100730 (CA)

Court of Appeal  •  Civil Application 121 of 02  •  19 Sep 2002  •  Kenya

Coram
Abdulrasul Ahmed Lakha

Judgement

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: LAKHA, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI. 121 OF 2002

BETWEEN

JOSEPH ERIC OWINO ....................APPLICANT

AND

EUNICE ORARE WERE .................RESPONDENT

(Being 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 Eldoret (Aganyanya, J.) dated 10th August, 1989

in

H.C.C.C. NO. 48 OF 1988)

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

R U L I N G

This is an application under rule 4 of our rules seeking an extension of time to file and serve a notice of appeal and a record of appeal for an appeal from a decision of thesuperior court given on 10 August, 1989 .

An earlier application was struck out for being out of time. This was on 21 February, 2002 . This application was filed on 2 May 2002 . The explanation is time was taken up in obtaining instructions. In my judgment this delay of about 22 months is inordinate particularly when it w…

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