LOISE WAINARO WAMITI V. PETER WAINARO WAMBUNYU, ALICE NJERI WAMITI & JOHN KINUTHIA

RULING

This application for leave to lodge the record of appeal within extended time was contested, as well as it might be.

Sachdeva, J gave judgment on December 5, 1985. On December 10, 1985 the notice of appeal was filed and it was also served. Unfortunately, the request for copies of proceedings and judgment of the same rate was not served. Mr Ngwiri for the respondent has confirmed this fact, about which Mrs Khaminwa was unsure. After that the clerk dealing with appeals in the chambers of Khaminwa and Khaminwa fraudulently misappropriated the appellant’s money paid as fees. The copies were ready by February 17, 1986 and this became known to Mrs Khaminwa office on February 26, 1986. It appears that the charges for the copies were paid to the court. The date is unkown. Mrs Khaminwa had thought that the applicant had not brought the fees. The fraudulent activities of this clerk became known in May 1986 and the papers were received by Khaminwa and Khaminwa on May 23, 1986. Then it was f…