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

(2008) JELR 98450 (CA)

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

Coram
John walter Onyango Otieno

Judgement

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 J.) made an order in H.C.C.C No. 4569 of 1990 for the applicant to vacate suit premises Nairobi/Block 32/137 Golf Course on 31st May 2004; that the applicant felt aggrieved by that order and filed notice of appeal against it on 7th May 2004; that the notice of appeal was technically irregular as according to the applicant it was signed by the applicant in person whereas it should have been signed by the advocate who represented the applicant in the superior court namely P.N. Kiama and not by the applicant in person; that the applicant signed that…

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