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Njiru Kiriragia v. Silvester Njiru Njeru

(2009) JELR 95113 (CA)

Court of Appeal  •  Civil Appli 301 of 2007 (UR 15/2007)  •  22 May 2009  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, Joseph Gregory Nyamu



This is a reference under Rule 54 of the Rules of the Court from a decision of the learned single Judge of this Court, (Onyango Otieno, J.A,) delivered on 22nd May, 2008 by which he dismissed the applicant’s application for extension of time within which to prefer an appeal from the judgment of the High Court of Kenya at Embu (Lenaola, J) dated 11th July, 2005.

It is submitted before us by Mr. Muyodi, counsel for the applicant, that the learned single judge failed to consider the fact that the respondent was in actual possession of the suit land, the subject matter of the intended appeal, and that by reason thereof the respondent would not suffer prejudice if the application was granted. Mr. Muyodi further contended that the learned single judge did not adequately consider the reasons which led the applicant not to file his appeal within the prescribed time.

It is manifestly clear from perusal of the record that prejudice and delay were considered by the learned singl…

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