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Joseph Karobia Gicheru v. Michael Gachoki Gicheru

(2011) JELR 100696 (CA)

Court of Appeal  •  Civil Application 55 of 2011  •  8 Jul 2011  •  Kenya

Coram
Joseph Gregory Nyamu

Judgement

IN THE COURT OF APPEAL AT NYERI CORAM: NYAMU, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 55 OF 2011 BETWEEN JOSEPH KAROBIA GICHERU ............................................ APPLICANT AND MICHAEL GACHOKI GICHERU ........................................ RESPONDENT (An application for extension to file record of appeal out of time from the judgment of the High Court of Kenya at Nyeri (Kasango, J) dated 29th April, 2008 in HCCA NO. 96 OF 1999)

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RULING The application dated 18th February, 2011 and filed on 23rd February, 2011, seeks an order of extension of time for the applicant to file and serve a record of appeal out of time. It is based on the grounds of appeal in the body of application and the applicant’s supporting affidavit sworn on 18th February, 2011. The applicant was represented by A N Nganga, but the respondent appeared in person. In opposition, the applicant relies on the affidavit sworn on 16th May and filed on 16th May, 2011.

Mr Nganga concedes that after…

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