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Kimeu Kimatu & Musango Kimatu v. Kiema Maili Kaselya

(2005) JELR 99821 (CA)

Court of Appeal  •  Civil Appli 129 of 2004  •  14 Apr 2005  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI CORAM: GITHINJI, J,A ( IN CHAMBERS) CIVIL APPLICATION NO. NAI. 129 OF 2004

BETWEEN

KIMEU KIMATU

MUSANGO KIMAT...................................... APPLICANTS

AND

KIEMA MAILI KASELYA ............................. RESPONDENTS

(An application for extension of time to file record of appeal out of time from

the decision of High Court of Kenya (Mwera, J) dated 3rd June, 1999 in H.C.C. NOL. 161 of 1997) ******************

R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules for orders:-

(a) THAT this Honourable Court do grant the applicants leave to file an appeal out of time.

(b) THAT costs of the application be provided for.

The application is supported by the affidavit of Musango Kimatu, the second applicant. The respondent did not file a replying affidavit though he attended the hearing of the application and opposed the application.

Before the Court can exercise its unfettered discretion in favour of the applicants, the appl…

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