IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 331 OF 2001
BETWEEN
PETER MUNJUGA GATHURU .............................. APPLICANT
AND
HARUN OSORO NYAMBOKI ....................1ST RESPONDENT
ESTATE BUILDING SOCIETY ...................2ND RESPONDENT
(Application for extension of time to file a notice of
appeal and appeal out of time in an intended appeal
from the judgment of the High Court of Kenya at
Nairobi (Kuloba, J.) dated 17th June, 1999
in
H.C.C.C. NO. 2874 OF 1987)
*****************
R U L I N G
A series of mistakes has been committed by the applicant in trying to lodge a proper appeal. But is this by itself sufficient to deny him his undoubted right to canvass his appeal before this Court? I do not think so.
Despite failure to comply with the rules, the applicant has not been guilty of any delay. Each and every fault on his part has been penalised by way of costs.
Though the maxim that litigation must come to an end in the interest of jus…