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M'MAGIRI M'MUTHARI v. GIDEON KIMATHI NGUTHARI

(2002) JELR 99189 (CA)

Court of Appeal  •  civil appl no nai.02  •  30 Oct 2002  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NYERI

CORAM: BOSIRE, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 135 OF 2002 (70/2002)


BETWEEN

M’MAGIRI M’MUTHARI.....................................................APPLICANT

AND

GIDEON KIMATHI NGUTHARI........................................RESPONDENT

(An application for extension of time to file notice of appeal and

record of appeal out of time against the ruling and Order of the High

Court of Kenya at Meru (Omwitsa, C.A.) dated 18th August, 1999

in

H.C.C.C. NO. 100 OF 1997)

*****************

R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules for an Order extending the time within which to file a fresh notice of appeal and a record of appeal. In the course of hearing the application it has emerged that the applicant’s earlier appeal to wit Civil Ap peal No. 120 of 2001 is still pending. Although this Court, in an application for stay of execution, to wit Civil Application No. Nai.441 of 2001 , ruled that it lack…

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