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KIHUNI V. GAKUNGA

(1985) JELR 104652 (CA)

Court of Appeal  •  civil misc appl 43 of 84  •  11 Jun 1985  •  Kenya

Coram
Harold Grant Platt, Vinubhai Vithalbhai Patel

Judgement
<p class="ql-align-center">RULING</p><p class="ql-align-justify">The application before the court, dated August 23, 1984, was brought on behalf of Mr. Irungu Kihuni by Mr. Gatimu. The supporting affidavit, however, was sworn by Mr. Patrick Kiragu Irungu. After an adjournment, Mr. Irungu Kihuni was given written authority for his son Patrick to continue with the application. The reason for Mr. Patrick’s action was that his father was sick at the time when the application was made, and it was necessarily made as a matter of urgency, as the rest of this ruling will explain. At this stage it is sufficient to say that the preliminary objection, taken quite properly by Mr Wamae for the respondent, has been answered satisfactorily.</p><p class="ql-align-justify">The application asks for an extension of time within which to lodge the appeal. The most important facts are as follows:-</p><p class="ql-align-justify">The judgment in this matter was given on June 14, 1984. At that time Mr Irungu Kihuni was represented by an advocate, other than Mr Gatimu. On June 15, 1984, the previous advocate filed a notice of appea…</p>

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