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PETER NDUNGU NJENGA v. SOPHIA WATIRI NDUNGU

(1998) JELR 94267 (CA)

Court of Appeal  •  civil appl no.nai.283 of 97  •  14 Jan 1998  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

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…

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