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KENYA NATIONAL CAPITAL CORPORATION v. JOHN NDUNGU NJAU

(1997) JELR 100337 (CA)

Court of Appeal  •  civil appl no. nai. 163 of 97  •  8 Jul 1997  •  Kenya

Coram
Akilano Molade Akiwumi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI CIVIL APPLICATION NO. NAI 163 OF 1997 (NAI.65/97 UR) BETWEEN

KENYA NATIONAL CAPITAL CORPORATION .................. APPLICANT

AND

JOHN NDUNGU NJAU ....................................

(Application for extension of time to file and serve

Notice and Record of Appeal against the Judgment of

the High Court of Kenya at Nairobi (Justice Shah)

dated 23rd December, 1994

in

H.C.C.C. NO. 2560`A' OF 1989

R U L I N G

The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal. The applicant's original appeal had been struck out for being incompetent in that the date shown on the extracted decree as the date of the judgment, differed from that shown in the record of appeal as the date of judgment. Another reason was that a supplementary record of appeal had also been filed without leave. The striking out was on 17th January, 1997, and it was not until 2nd July, 1997, that…

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