NGOIMA WA MWAURA V. JAMES NJUGUNA KIHUNA & MARY NJERI KIHUNA

IN THE COURT OF APPEAL

AT NAIROBI

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

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

AND

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

MARY NJERI KIHUNA .............................................. 2^ND 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 at Nairobi (Ransley, J) dated 26^th April 2004

in

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

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R U L I N G

The application by way of notice of motion dated 29^th June 2003 and filed on 1^st 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 26^th April 2004, the superior co…