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Wilfred Moriasi Ombui v. Nyakangi Nyamache

(2004) JELR 96697 (CA)

Court of Appeal  •  Civil Appli 182 of 2004  •  25 Nov 2004  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

CORAM: TUNOI, J.A.(IN CHAMBERS)

CIVIL APPLICATION NO. 182 OF 2004

BETWEEN

WILFRED MORIASI OMBUI...................................APPLICANT

AND

NYAKANGI NYAMACHE..................................RESPONDENT

(Being an application to file and serve notice and record of

appeal out of time from the ruling of the High Court of Kenya at

Kisii (Wambilyangah, J) dated 15 th December, 2000

in

H.C.C.C. NO. 84 OF 1996)

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

RULING

This is an application under rule 4 of the Court of Appeal Rules for an extension of time within which to lodge an appeal.

Civil Appeal No. 77 of 2001 was struck out by this Court on 28th November, 2003 on a technicality. The application now before me was not lodged until 16th July, 2004 on the ground that the counsel for the applicant, a single practitioner in his busy firm, was in and out of office during all the relevant time to nurse his ailing mother who unfortunately later passed away and had no time to prefer …

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