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Peter Kinyari Kihumba v. Gladys Wanjiru Migwi & another

(2006) JELR 95106 (CA)

Court of Appeal  •  Civil Appli 121 of 2005  •  12 May 2006  •  Kenya

Coram
Philip Nyamu Waki

Judgement


IN THE COURT OF APPEAL OF KENYA

AT NYERI

CIVIL APPLI 121 OF 2005

PETER KINYARI KIHUMBA ............................................... APPLICANT

AND

GLADYS WANJIRU MIGWI .................................... 1ST RESPONDENT

JAMES KIHUMBA MIGWI ..................................... 2ND RESPONDENT

(Application for extension of time to file notice of appeal and record of appeal out of time from the ruling and order of the High Court of Kenya at Embu (Lenaola, J.) dated 31st January, 2005

in

H.C.C.C. NO. 50 OF 2002)

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

R U L I N G

The application before me seeks an order under Rule 4 of the rules of this Court for extension of time within which a notice of appeal may be filed and served. It also seeks enlargement of time for filing a record of appeal to challenge a decision of the superior court. It is not clear when the decision of the superior court was made but the applicant swears it was on 3rd January, 2005 although the application alludes to 31st January, 2005. The application…

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