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NJAGI KABUTHIA ALIAS CYPRIAN NJAGI IRERI V. RICHARD NJOGU IRERI (SUBSTITUTED BY)JOHN MACHARIA NJOGU IRERI

(2015) JELR 96432 (CA)

Court of Appeal  •  Civil Application Nyr. 20 of 2015  •  1 Oct 2015  •  Kenya

Coram
Patrick Omwenga Kiage

Judgement

RULING

By the motion dated 20th May 2015, Njagi Kabuthia alias Cyprian Njagi Ireri (the applicant) seeks orders that this Court do extend time and grant him leave to file a notice of appeal out of time and that the notice of appeal dated 18th December 2014 be deemed to have been properly filed. The application is premised the grounds that;

“(a) the Applicant was acting in person in the High Court. after the judgment was made on 20th day of November 2014, the applicant immediately applied for proceedings and judgment for the purposes of lodging an appeal.

(c) the applicant did not know the notice of appeal was supposed to be lodged in the court registry within seven (sic) days.

(d) the applicant was aggrieved and dissatisfied with the judgment of the High Court and he has good grounds of appeal.

(e) the mistake of not filing the notice of appeal within time was not intentional.

the Respondent shall not suffer loss that cannot be compensated by costs.

it is meet and just to allow this applic…

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