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Ngugi Njurumbe v. Dinah Wairimu Njogu

(2014) JELR 98445 (CA)

Court of Appeal  •  Civil Application 12 of 2014  •  30 Jul 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram

Judgement

IN THE COURT OF APPEAL

AT NYERI

CORAM: VISRAM, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. 12 OF 2014

BETWEEN

NGUGI NJURUMBE ........................... APPLICANT

AND

DINAH WAIRIMU NJOGU ............... RESPONDENT

(An application for extension of time within which to file an appeal from the

judgment of the High Court of Kenya at Nyeri (Sergon, J.) dated 21st February, 2014

in

H.C.C.A No. 107 of 2009)

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

RULING

Before me is an application brought pursuant to Rule 4 of the Court of Appeal Rules (the Rules) seeking inter alia

  • Leave to file an intended appeal from the judgment of the High Court dated 21st February, 2014 out of time.
  • Costs of the application abide the outcome of the intended appeal.

The grounds upon which the applicant relies on in support of his application are that, the judgment was delivered on 21st February, 2014 without notice to his advocates; the delivery of the said judgment had been postponed on several occasions. The applicant’s advocate learnt about the said …

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