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Kariuki & Gathecha Resources Limited v. Wills O. Nyende T/A Nyende & Co., Advocates

(2008) JELR 100231 (CA)

Court of Appeal  •  Civil Appli. Nai 276 of 2007 (UR. 168/2007)  •  17 Oct 2008  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement


IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPLI. NAI NO. 276 OF 2007 (UR. 168/2007)

KARIUKI and GATHECHA RESOURCES LIMITED ............................. APPLICANT

AND

WILLS O. NYENDE T/A NYENDE and CO., ADVOCATES ........... RESPONDENT

(Application for extension of time to file and serve record of appeal out of time in an intended appeal from the judgment and decree of the High Court of Kenya at Nairobi (Milimani Commercial Courts) (Okwengu, J.) dated 10th July, 2007

in

H.C.MISC.APPLICATION NO. 343 OF 2007)

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

R U L I N G

The applicant applies for extension of time within which to file a record of appeal in an intended appeal against the decision of Okwengu, J. given on 10th July, 2007.

It is common ground that the applicant’s Civil Appeal No. 167 of 2007 challenging that said decision was by consent withdrawn on 30th October, 2007 on the ground that the appeal so filed was defective.

The applicant acts in this application through its Managing Director Mr. Dominic Gathecha w…

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