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Peter Munjuga Gathuru v. Harun Osoro Nyamboki & Estate Building Society

(2002) JELR 94161 (CA)

Court of Appeal  •  Civil Application Nai. 331 of 2001  •  21 May 2002  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

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…

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