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Muriithi Gacewa v. Francis Mwangi & 2 others

(2007) JELR 98808 (CA)

Court of Appeal  •  Civil Appli 330 of 2006 (NYR.19/06)  •  16 May 2007  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

IN THE COURT OF APPEAL OF KENYA

AT NYERI

Civil Appli 330 of 2006 (NYR.19/06)

MURIITHI GACEWA ............................................. APPLICANT

AND

FRANCIS MWANGI ................................... 1ST RESPONDENT

MURIITHI NGARI ........................................2ND RESPONDENT

SAMUEL MUCHIIRI ................................... 3RD RESPONDENT

(Application for extension of time to file and serve notice of appeal from a judgment of the

High Court of Kenya Nyeri (Khamoni, J.) dated 15th June, 2006 in H.C.CR.A. NO. 139 OF 1993)

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

R U L I N G

This is an application expressed to be brought under rule 4 of the Rules of this Court seeking leave to file and serve Notice of Appeal out of time, and also; the Record of Appeal.

Judgment, the subject matter of the intended appeal was delivered on 15th June, 2006. The main reason why the applicant did not file a Notice of Appeal within the time limited by the Rules is given by the applicant as his honest and sincere belief t…

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