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Mwangi Kimenyi Mugwe v. A H Kamau

(2004) JELR 98865 (CA)

Court of Appeal  •  Civil Application No NAI 357 of 2003  •  23 Sep 2004  •  Kenya

Coram
John walter Onyango Otieno

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

CORAM: ONYANGO OTIENO, AG. J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 357 OF 2003

(Application for extension of time to lodge notice and record of appeal from the judgment of the High Court of Kenya at Nakuru (Rimita J) dated 10th March, 2002

in

H. C. C.C. NO. 282 OF 1989)

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

MWANGI KIMENYI MUGWE .............................................. APPLICANT

AND

A. H. KAMAU ................................................................. RESPONDENT

R U L I N G

I have before me an application brought under Rules 4 and 42 of the Court of Appeal Rules. It is seeking the following orders:

“1. THAT this Honourable Court be pleased to extend the time within which the Applicant may lodge the appeal as wells as the time within which record of appeal may be filed and served.

2. THAT the costs of this application do abide the outcome of the appeal.”

The application is premised on two grounds namely:

“1. That delay in filing the appeal was occasioned by …

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