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Judson Nyaboga Ogwora v. Madison Maroko Nyamweya

(2018) JELR 100490 (CA)

Court of Appeal  •  Civil Application 44 of 2017  •  26 Apr 2018  •  Kenya

Coram
Jamila Mohammed

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: J. MOHAMMED, JA. (IN CHAMBERS)

CIVIL APPLICATION NO. 44 OF 2017

BETWEEN

JUDSON NYABOGA OGWORA....................APPLICANT

AND

MADISON MAROKO NYAMWEYA.........RESPONDENT

(Application for extension of time within which to lodge a record of appeal from the ruling of the High Court of Kenya at Kisumu, (A Okwany, J.) dated 13th December, 2016

in

SUCCESSION CAUSE NO. 285 OF 1995)

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

RULING

Background

[1] This is an application by way of Notice of Motion brought under Rule 4 of the Court of Appeal Rules in which the applicants seek the following orders;-

1) That this Honourable court be pleased to extend time and or enlarge time within which the applicant do file (sic) record of appeal.

2) That the attached record of appeal be allowed upon payment of (sic) filing requisite fees.

[2] The application was premised on the grounds that the ruling of the High Court was delivered on 13th December 2016 while the Notice of Appeal was filed on 23rd December 201…

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