REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 283 OF 1997
BETWEEN
PETER NDUNGU NJENGA ..................................APPLICANT
AND
SOPHIA WATIRI NDUNGU ................................RESPONDENT
(Application for extension of time to file Memorandum of Appeal out of time in an intended Appeal from a Ruling and Order of the High Court of Kenya at Nairobi (Mr. Justice Hayanga) dated 19th November, 1996
in
H.C.C.C. NO. 4936 OF 1993)
********************
RULING
This application is not opposed due to the absence of the respondent's counsel, who though duly served, has not appeared before me during the prosecution of the application by the applicant's counsel. I think, in all circumstances, this is a fit and proper case for me to exercise my discretion in favour of the applicant. The delay involved is not inordinate and has been satisfactorily explained. The subject matter involved is land and the applicant should be permitted to pur…