NJUGUNA V. MAGICHU & 3 OTHERS

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Waki JA)

CIVIL APPLICATION NO NAI 228 OF 2002 (UR 114 OF 2002)

NJUGUNA.................................APPLICANT

VERSUS

MAGICHU and 3 OTHERS............RESPONDENT

(An application for the extension of time to file and serve Notice

of Appeal and Record of Appeal in the High Court at

Nairobi from the judgment of the High Court, Angawa J, delivered

on 3rd December 1998 in Succession Cause No 1014 of 1993)

RULING

For the third time in as many years the applicant seeks the indulgence of this court to excuse non-compliance with the Rules of this Court. His plea however is that the non-compliance was all due to the inadvertence on the part of his advocates on record. The sequence of events leading to the current state of affairs is this: Angawa J delivered her judgment in favour of the respondents on 03.12.1998. Being aggrieved by that decision the applicant timeously filed and served a Notice of Appeal and a Record of Appeal No 34/2000. That appeal was however s…