NGUGI GITONGA V. ERIC KAGEMA KIGOTHO

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA PEAL

AT NAIROBI

Civil Appli. Nai 70 of 2007 (UR 49/2007)

NGUGI GITONGA ............................................................APPLICANT

AND

ERIC KAGEMA KIGOTHO ........................................... RESPONDENT

(Application for leave to file and serve notice of appeal out of time in an intended appeal from the order of the High Court of Kenya at Nairobi (Ang’awa, J) dated 12^th March, 2007

in

H.C.C. Appeal No. 1105 of 2004)

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R U L I N G

I have before me an application by way of notice of motion lodged in the registry on 3^rd April 2007 in which the applicant is seeking one main order and that is the order:

“That this Honourable Court do grant the applicant leave to file and serve his notice of appeal out of time against the order of Hon. Mary Ang’awa J. made on 12^th February, 2007.”

The applicant is also praying for an order that the costs of and incidental to this application abide the results of the said appeal.…