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Praying Mantis Ltd v. James Onyango t/a Nyaluoyo Auctioneers

(2001) JELR 95159 (CA)

Court of Appeal  •  civil misc appl 133 of 01  •  19 Jun 2001  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

REPULIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: BOSIRE, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 133 OF 2001 (KSM.17/2001)

BETWEEN

PRAYING MANTIS LTD. ......................................................... APPLICANT

AND

JAMES ONYANGO T/A NYALUOYO AUCTIONEERS ................RESPONDENT

(An application to file and serve notice of appeal and

record of appeal out of time from the Judgment and

Order of the High Court of Kenya at Kisumu (Justice

Wambilyangah)dated 23rd day of September, 1997

in

H.C.C.A. NO. 64 OF 1996)

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

R U L I N G


This is an application under rule 4 of the Rules of this Court for an extension of time within which to file and serve the Notice of Appeal and Record of Appeal against the judgment and order of the superior court in its Civil Appeal No. 64 of 1996.

As Mr. Kasamani for the respondent does not oppose the application and considering the facts and circumstances of the matter, I am inclined to exercise my discretion in favour of extending the ti…

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