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Mary Rono v. Jane Rono & William Rono

(2002) JELR 99232 (CA)

Court of Appeal  •  civil misc appl 437 of 01  •  22 Feb 2002  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: BOSIRE, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 437 OF 2001 (NKU 10/01)

BETWEEN

MARY RONO .......................................... APPLICANT

AND

JANE RONO

WILLIAM RONO ..................................... RESPONDENTS

(An application for extension of time to serve notice and

record of appeal out of time in an intended appeal

from the judgment and decree of the High Court of Kenya at Eldoret (Nambuye J) dated 12th June, 1997 in ELD. H.C.P. and A.C. NO. 40 OF 1988) ***********************

R U L I N G

It is now trite law that an appellant whose appeal has been struck out as incompetent may apply under rule 4 of the Court of Appeal Rules for an extension of the time within which to lodge a competent appeal which is what the applicant in the present application has done. The applicant brought this application within two months of his appeal being struck out. The delay is long but not inordinate. In the circumstances, I am minded …

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