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Muruaru Kibuku v. James Mwangi Kamau & NaftaryMwangi

(1987) JELR 98802 (CA)

Court of Appeal  •  Civil Application NAI 77 of 1987  •  16 Oct 1987  •  Kenya

Coram
Joseph Raymond Otieno Masime

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPLICATION NO NAI 77 OF 1987

MURUARU KIBUKU .........................APPELLANTS

VERSUS

JAMES MWANGI KAMAU and NAFTARY MWANGI......RESPONDENT

JUDGMENT

In this Court’s Civil Application No 74 of 1985, Platt J A ordered that the intended appeal be filed by the applicant within 30 days from January 29, 1986. No appeal had been filed at the expiration of that period. Some fifteen months after the said order of Platt J A, the applicant now comes to court seeking a further extension of time so he can still file his intended appeal.

In an affidavit sworn on May 11, 1987, the applicant sets out his reasons for failing to file the intended appeal as ordered on January 29, 1986.First, the address that he had given to his advocate was that of his son’s employers in Nairobi and his son left those employers so that a letter addressed to him telling him of the order of January 29, 1986 never reached him.

Secondly, on March 15, 1986 he was involved in a road traffic ac…

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