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KENINDIA ASSURANCE CO LTD v. PATRICK MUTURI

(1999) JELR 100365 (CA)

Court of Appeal  •  civil misc appl 107 of 93  •  16 Jul 1999  •  Kenya

Coram
Abdulrasul Ahmed Lakha

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI

civil misc appl 107 of 93

MAJOR JOSEPH MWETERI IGWETA .............................APPLICANT

AND

MUKIRA M'ETHARE .................................... 1STRESPONDENT

ATTORNEY GENERAL ................................... 2NDRESPONDENT

(Application for extension of time within which to file and serve Notice of Appeal from the Ruling of (Hon. Justice Shields) dated the 25th of October, 1990

R U L I N G

This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal. The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.

As I set out to exercise my discretion I must at the outset confess that there is no material before me on which I can do so. As was said by Privy Council in RATNAM v. CUMARASAMY [1964] 3 ALL E.R. 933 there must be some material before the Cou…

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