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Mwangi Kinyua v. Waweru Kinyanjui,Director Of Settlement,Machira Macharia,Daniel Kogi Githu & Daniel Muhia

(2000) JELR 98736 (CA)

Court of Appeal  •  civil misc appl 124 of 00  •  29 Sep 2000  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: TUNOI, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 124 OF 2000 (NAK 16.00)

BETWEEN

MWANGI KINYUA ...........................................APPLICANT

AND

1. WAWERU KINYANJUI

2. DIRECTOR OF SETTLEMENT

3. MACHIRA MACHARIA

4. DANIEL KOGI GITHU

5. DANIEL MUHIA .......................................RESPONDENT

R U L I N G

In this application expressed to be brought under rule 4 of the Rules of this Court, I am asked to exercise my discretion in favour of the applicant and grant him extension of time to file and serve the notice of appeal and record of appeal in an intended appeal from the judgment of the superior court dated 8th December, 1993. This application has been lodged pursuant to the order of this Court which struck out Civil Appeal No. 279 of 1999 on 25th February, 2000. The delay involved herein is 58 days and is largely attributed to the applicant's inability to raise the requisite money for fees.

The subject matter of the dispute …

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