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Joseph Mbugua Dedan Gachumi & another v. Geoffrey Mbugua Dedan

(1997) JELR 100654 (CA)

Court of Appeal  •  Civil Application 224 of 1997  •  10 Dec 1997  •  Kenya

Coram
Akilano Molade Akiwumi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 224 OF 1997 BETWEEN

1. JOSEPH MBUGUA DEDAN GACHUMI

2. JAMES GICHURU DEDAN GACHUMI......................APPLICANTS

AND

GEOFFREY MBUGUA DEDAN....................................RESPONDENT

R U L I N G

This is an application brought under Rule 4 for the extension of time for the service of Notice of Appeal and the filing of the record of appeal. The reason for non action in these matters has been blamed on the applicant's previous advocate Onyango Otieno who though he filed a notice of appeal within time, had let the applicants down in not collecting the record of proceedings and judgment which he had applied for, from the Registry when he had been informed that they were ready for collection on 21st November, 1996. But by 26th November, 1996 some 5 days later, the applicants had obtained the services of another firm of advocate, Oyatta and Associates who filed a notice of appointment on that latter date. This firm of …

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