Joseph Karobia Gicheru v. Michael Gachoki Gicheru

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 29^th April, 2008 in HCCA NO. 96 OF 1999)

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

RULING The application dated 18^th February, 2011 and filed on 23^rd 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 18^th 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 16^th May and filed on 16^th May, 2011.

Mr Nganga concedes that after…