REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: KEIWUA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 129 OF 2000 (KSM. 17/2000
BETWEEN
JOSEPH MATAFARI SITUMA ............................................................................... APPLICANT
AND
NICHOLAS MAKHANU CHERONGO ............................................................. RESPONDENT
(Application for extension of time to lodge a notice and record of appeal out of time
in an intended appeal from a judgment and decree of the High Court of
Kenya at Bungoma (Ongudi, J) dated the 26th day of March, 1996
in
H.C.C.C. NO. 156 OF 1995)
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R U L I N G
The respondent had on May 2, 2000 applied for extension of time within which to file a notice of appeal from the judgment of the superior court delivered on April 12, 1996. The application came for hearing on June 16, 2000 when it was heard exparte and the present applicant did not know of that fact until February 17, 2001. That is because the applicant all…