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PETER KUNG'U WAWERU V. STEPHEN KARANJA WAWERU

(1997) JELR 93594 (CA)

Court of Appeal  •  Civil Application 389 of 1996  •  31 Jul 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo JA

Judgement

RULING

By his notice of motion lodged in this Court on the 13th December, 1996 and brought under Rule 4 of the Court's Rules, Peter Kung'u Waweru, the applicant herein, asks me to extend for him the time within which he can file and serve his notice of appeal and the record of appeal. The applicant intends to appeal against a judgment of the superior court which had allowed an appeal by the respondent, Stephen Karanja Waweru, from a magistrate's decision. The decision of the superior court against which the applicant proposes to appeal was made on the 28th November, 1995 and as I have said, this application was not filed until the 13th December, 1996, over one year later. The applicant was not represented in the superior court and the only reason he offered for the delay of over one year was that he was ignorant of what steps to take after the superior court had ruled against him. The applicant did take some steps after the judgment but they were all wrong steps. On the 7th February, 1…

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