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Peter Mbugua Muturi & Virginia Wambui Kabugi v. James Waigwa Kairetia

(2017) JELR 94253 (CA)

Court of Appeal  •  Civil Application 154 of 2017  •  1 Dec 2017  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: MURGOR, J.A.

CIVIL APPLICATION NO. 154 OF 2017

BETWEEN

PETER MBUGUA MUTURI..............................1ST APPLICANT

VIRGINIA WAMBUI KABUGI...........................2ND APPLICANT

AND

JAMES WAIGWA KAIRETIA..........................1ST RESPONDENT

(Application for extension of time to file and serve a Notice of Appeal out of time from

the Judgment of the High Court at Nairobi, J.M. Mutungi, J. dated 15th May 2015

in

Nairobi ELC No. 2076 of 2001)

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

R U L I N G

The applicants, Peter Mbugua Muturi and Virginia Wambui Kabugi have applied for time to be extended to file and serve a Notice of Appeal under rule 4 of the Court of Appeal Rules 2010.

Before considering the application, a brief outline of the facts of the case is of necessity. The facts as can be discerned from the judgment are that, the respondent instituted a suit in the High Court by way of a plaint dated 30th November 2001, wherein he sought a permanent injunction to restrain t…

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