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Michael Wachira Gakuo v. Elizabeth Wamuyu Githinji

(2011) JELR 99090 (CA)

Court of Appeal  •  Civil Application 71 of 2010  •  28 Oct 2011  •  Kenya

Coram
Alnashir Ramazanali Magan Visram

Judgement

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (CORAM: VISRAM, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 71 OF 2010 (NYR. 7/2010) BETWEEN MICHAEL WACHIRA GAKUO ................................................ APPLICANT AND ELIZABETH WAMUYU GITHINJI ....................................... RESPONDENT (Application for Extension of time to file a notice of appeal and record of appeal out of time in an intended appeal from the ruling and order of the High Court of Kenya at Nyeri (Makhandia, J) dated 22nd July, 2009 In H.C. Succession Cause No. 244 of 2009) ********************************* RULING This application, made under rule 4 of the Court of Appeal Rules, for extension of time to file an appeal from the ruling and order of the High Court (Makhandia, J ) is premature.

The ruling in the case before the High Court was delivered on 22nd July, 2009, and a notice of appeal was indeed filed within time on 4th August, 2009, and served, also within time, on 6th August, 2009. However, it …

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