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Rahab Wambui Waweru v. Watahi Kairu

(1997) JELR 94914 (CA)

Court of Appeal  •  Civil Application 150 of 1997  •  24 Oct 1997  •  Kenya

Coram
Richard Otieno Kwach

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI. 150 OF 1997

BETWEEN

RAHAB WAMBUI WAWERU..........................APPLICANT

AND

WATAHI KAIRU.........................................RESPONDENT

(Application for leave to serve Notice of Appeal upon the Respondent out of

time in an intended appeal from a judgment of the High Court of Kenya at

Nairobi (Justice Khamoni)dated 15th November, 1996

in

H.C.C.C. NO. 3191 OF 1981 (OS)

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

R U L I N G


This is an application under rule 4 of the Court of Appeal Rules for extension of time to serve the Notice of Appeal on the respondent. It was served on 2nd November, 12996, some 4 days late.

The delay involved is not inordinate. I extend time for service up to 2nd November, 1996. The respondent will have his costs assessed at Shs. 1500/-, to be paid within 7 days and in default execution to issue.

Dated and delivered at Nairobi this 24th day of October, 1997.

R. O. KWACH

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