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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 JA

Judgement

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 was then that the applicant realized that his appeal to this Court did not lie as of right, and that he needed leave to appeal. Hence, on 7th September, 2009, he filed an application before the High Court seeking leave to appeal to this Court, out of time. By a ruling dated 27th January, 2010, that Court (Makhandia, J) declined to grant the leave sought. The applicant did not prefer an appeal against that decision, nor applied to this Court under rule 39 of the Rules of this Court, to seek such leave.

Accordingly, as it now stands, the applicant has no right of appeal before this Court, and, t…

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