IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Hancox JA)
CIVIL APPLICATION NO. NAI 58 OF 1983
BETWEEN
KIMARU.......................................APPLICANT
AND
RUKUNGU...................................RESPONDENT
(In an intended appeal from the High Court at Nairobi)
RULING
Judgment determining the question raised by the originating summons filed in this land case in the High Court on January 10, 1979, was delivered by Cockar J on December 7, 1982. The applicant desired to appeal against that judgment, and Mr Kariithi, acting for him, filed the notice of appeal on December 21, 1982, within the permitted time. Although that notice contained Mr Kimiti’s (the respondent’s advocate’s) name, Mr Kariithi was unable to produce evidence of service thereof, as required by this Court’s Rule, rule 76(1). Accordingly, I think this application to extend the time for filing the appeal, (meaning the institution of the appeal under rule 81(1), must include an extension of time to serve the notice of appeal on the…