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Mwangi Kinuthia v. Joseph Njoroge Mwangi

(2001) JELR 98737 (CA)

Court of Appeal  •  Civil Appli 397 of 1996  •  12 Oct 2001  •  Kenya

Coram
Johnson Evan Gicheru, Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

The applicant herein had applied before the single Judge of this Court (Omolo J.A) under rule 4 of this Court's Rules for leave to file:

"A memorandum and record of appeal out of time".

The learned single Judge considered what was urged before him and in the end came to the conclusion that the applicant had failed to convince him that he should exercise his discretion in favour of the applicant and hence dismissed the application for extension of time.

Being dissatisfied by that dismissal the applicant now comes before us by way of reference. The reference was argued before us on 8th october, 2001 when Mr. Kariuki for the applicant took issue with one point only - that the mistake of an advocate should not be visited on the client.

Mr. Ngatia for the respondent in opposing this reference pointed out that the relief sought was for filing a record of appeal out of time and yet there was no valid notice of appeal. In his view this reference ought to be dismissed since it h…

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