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Joseph Kariuki Njoroge v. Stephen Rurigi Njoroge

(2001) JELR 100697 (CA)

Court of Appeal  •  Civil Application Nai. 67 of 2000  •  13 Mar 2001  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

This is a reference to full bench whereby the applicant seeks reversal of the ruling of the learned single Judge (Omolo, JA) whereby he declined to grant an extension of time to file and serve a notice of appeal and record of appeal. We bear in mind the fact that we are dealing with the exercise of discretion by the learned single Judge. In the exercise of his discretion he took into account the fact that the letter bespeaking copies of proceedings was not sent to the registry of the superior court until 17th April, 1997 some six months out of time. A copy of that letter was not even sent to the respondent. The learned Judge correctly pointed out that for all practical purposes the letter of 17th April, 1997 was of no assistance.

The learned single Judge also properly considered the issue of lack of certificate of delay which would have shown, if at all, the alleged delay attributed to the registry of the superior court.

The learned single Judge was properly of the vi…

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