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MUHUYU WANDABWA KHAMALA V. ATTORNEY GENERAL, HENRY WANYONYI NAKHISA & JACKSON SEME

(2005) JELR 96895 (CA)

Court of Appeal  •  Civil Application 127 of 2005  •  14 Jun 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement
<p class="ql-align-justify">R U L I N G</p><p class="ql-align-justify">This is an application by way of notice of motion under <em>Rule 4 </em>of the Court of Appeal Rules (the Rules) filed by the applicant, Muhuyi Wandabwa Khamala, in person. He is seeking extension of time in which to file and serve notice and record of appeal.</p><p class="ql-align-justify">In his address the applicant stated that he was unable to file his appeal immediately after the appeal was struck out on 24th June, 2000 because he became sick and for some reason was arrested as a result of some interested party alleging that he (applicant) had committed a crime.</p><p class="ql-align-justify">Mr. Jabane for the 1st respondent opposed the application on the ground that there was a very long delay, which has not been explained. He pointed out that the original judgment of the High Court was delivered on 24th March, 1994 and there was extension of time granted to the applicant in June, 1998. According to Mr. Jabane, the appeal was actually heard and determined on 24th March, 2000. From that year (2000) the applicant has done nothing until May …</p>

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