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NGANGA GICHURI,DAVID KIHANYA NGANGA v. NDUNGU NGANGA

(1999) JELR 98676 (CA)

Court of Appeal  •  civil misc appl 105 of 99  •  29 Sep 1999  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI 105 OF 1999

BETWEEN

NGANGA GICHURI

DAVID KIHANYA NGANGA ...............................APPLICANTS

AND

NDUNGU NGANGA .......................................RESPONDENT

R U L I N G

The applicants' previous appeal was struck out on the 21st April, 1999. This motion was filed in court on the 6th May, 1999. The applicants acted with reasonable speed after their ill-fated appeal was struck out. The respondent though served with to-day's hearing, are not here to oppose the motion. In fact they have not even filed an opposing affidavit. Accordingly, I allow the motion and make the following orders:-

1.The applicants must file and serve a fresh notice of appeal within seven days of the date hereof.

2.The applicants must file their record of appeal within twenty-one days from the date of filing the notice

of appeal. 3.The costs of this motion shall be in the intended appeal.


Dated and deliā€¦

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