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Paul Nyoro Ng'ang'a v. Margret W Ng'ang'a

(2005) JELR 93743 (CA)

Court of Appeal  •  Civil Application NAI 64 of 2005  •  20 Sep 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

IN THE COURT OF APPEAL

AT ELDORET

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

CIVIL APPLICATION NAI 64 OF 2005

BETWEEN

PAUL NYORO NG’ANG’A.................................................APPLICANT

AND

MARGARET W. NG’ANG’A...........................................RESPONDENT

(An application for extension of time within which to lodge a notice of appeal and the record of appeal from the ruling of the High Court of Kenya at Eldoret (Nambuye, J) dated 6th August, 2001

in

H.C.SUCC.C. NO. 6 OF 1983)

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

R U L I N G

The applicant’s previous appeal was withdrawn on 17th February, 2005 on the ground that it was incurably defective. The applicant then took another sixteen days before returning to the Court with the present motion. Mr. Cheruiyot says on behalf of the respondent that the delay of sixteen days is unexplained and is inordinate. Mr. Kahiga tells me that the sixteen days was required to take instructions from the applicant as they were not the advocates who had filed the app…

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