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(2002) JELR 99189 (CA)

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

Samuel Elikana Ondari Bosire JA



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 lacked the jurisdiction to hear that application as it was made on the basis of an invalid notice of appeal that notice of appeal is still on record and has not been struck out. Likewise as I stated earlier, Civil Appeal No. 120 of 2001, aforesaid, which was filed pursuant to that notice of appeal is also still pending. In the result, I cannot possibly grant the applicant leave to file a fresh notice of appeal and record of appeal.

Accordingly, this application in unmeritorious, and it is dismissed with costs.

Dated and delivered at Nyeri this 30th d…

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