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M'MUGAMBI THIRINGI V. FRASIAH WANGUI GICHERU

(2015) JELR 105400 (CA)

Court of Appeal  •  Civil Application 7 of 2015  •  1 Jul 2015  •  Kenya

Coram
Philip Nyamu Waki JA

Judgement

RULING

1. The matter before me is an application under Rule 4 of the Court of Appeal Rules 2010 (the Rules) for an order to “extend time within which the intended appellant shall file the record of appeal”. That order is sought by M’Mugambi Thiringi (Thiringi) who was sued before the Meru Principal Magistrate’s Court (W.K. Korir) over the ownership of land parcel No. 2823 in Maua Land Adjudication Section measuring approximately 0.33 of an acre. The plaintiff in that case was M”Birithia Githongo (Githongo) who sought an injunction and eviction order which were granted. Thiringi appealed to the High Court (Lesiit J.) against those orders but his appeal was dismissed on 12th November 2014.

2. He expressed his intention to appeal further to this Court by filing a “Notice of Appeal” on 14th November 2014. As provided under Rule 77(1) of the Rules, the notice of appeal should have been served on Githongo within seven days but it was not, and no application has been made for extension of time…

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