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Ngoima Wa Mwaura v. James Njuguna Kihuna & Mary Njeri Kihuna

(2008) JELR 98449 (CA)

Court of Appeal  •  Civil Appli 155 of 2004 (80/04 UR)  •  15 Feb 2008  •  Kenya

Coram
John walter Onyango Otieno

Judgement


IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPLI NO. 155 OF 2004 (80/04 UR)

NGOIMA WA MWAURA ..................................................... APPLICANT

AND

JAMES NJUGUNA KIHUNA ...................................... 1ST RESPONDENT

MARY NJERI KIHUNA ............................................. 2ND RESPONDENT

(Application for extension of time to file and serve notice and record of appeal out of

time in an intended appeal from a ruling of the High Court of Kenya Nairobi (Ransley, J) dated 26th April 2004

in

H.C.C.C No. 4569 of 1990)

**********************

R U L I N G

The application by way of notice of motion dated 29th June 2003 and filed on 1st July 2004 is brought under rule 4 of the Court of Appeal Rules. In substance, it is seeking one order that the applicant, Ngoima Wa Mwaura, be granted extension of time to file notice of appeal and record of appeal out of time. Nine grounds are set out in the application in support thereof. These are that on 26th April 2004, the superior court (Ransley…

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