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Kimaru v. Rukungu

(1984) JELR 99824 (CA)

Court of Appeal  •  Civil Application Nai 58 of 1983  •  30 Mar 1984  •  Kenya

Coram
Alan Robin Winston Hancox

Judgement

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…

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