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Mwirigi Ringera Kibunja v. Eunice Karimi Kibunja

(2019) JELR 98710 (SC)

Supreme Court  •  Civil Application 14 of 2018  •  29 Apr 2019  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Maraga CJ and P, Mwilu DCJ and VP, Ibrahim, Wanjala; and Lenaola SCJJ)

CIVIL APPLICATION NO. 14 OF 2018

MWIRIGI RINGERA KIBUNJA............................APPLICANT

-VERSUS-

EUNICE KARIMI KIBUNJA..............................RESPONDENT

(Being an application to appeal out of time against the judgement and orders of the Court of Appeal (Visram, Koome and Odek, JJA) dated and delivered at Nyeri on the 29th May, 2013 in Civil Appeal No. 89 of 2009).

R U L I N G

[1] Before the Court, is a Notice of Motion dated 12th June 2018 seeking orders for leave to appeal out of time against the judgment of the Court of Appeal delivered on 29th May 2013; stay of execution of the orders of the Court of Appeal; this Court’s direction as to the filing of the Notice of Appeal; and costs. The application is supported by the Applicant’s affidavit sworn on 12th June 2018.

[2] The background to this matter is that, on the 14th of February, 1992, the res…

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