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Maria Cristina Menon v. Giorgio Berti & Residori Milvia

(2017) JELR 99289 (CA)

Court of Appeal  •  Civil Application 55 of 2016  •  31 Mar 2017  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

MALINDI

IN CHAMBERS (OUKO, JA)

CIVIL APPLICATION NO. 55 OF 2016

BETWEEN

MARIA CRISTINA MENON ............................... APPLICANT

AND

GIORGIO BERTI ......................................1ST RESPONDENT

RESIDORI MILVIA .................................2ND RESPONDENT

(Application for extension of time to serve the Notice of Appeal and to file and serve the Record of Appeal out of time in an intended appeal from the Ruling and Order of the Environment and Land Court of Kenya at Malindi (A. Angote, J.) dated 7th day of November, 2014

in

Land Case No. 158 of 2010)

*********

RULING

The cases of Edith Gichugu Koine v. Stephen Njagi Thoithi, Civil Application No. 11 of 2014 and Rose Waruino Muthemba v. Kentazuga Hardware Limited, Civil Application No 16 1998, cited by the applicant emphasise the well known point which was summarised in the following passage in the oft-cited case of Leo Sila Mutiso v. Rose Hellen Wangari Mwangi – Civil Application No. Nai 251 of 1997;

“It is now se…

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