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RAWSON MBUGUA MACHARIA v. GEORGE KIOGORA KARONGA, DUNCAN MBUTI MBUGUA & FRANCIS BOB KAMAU

(2007) JELR 94842 (CA)

Court of Appeal  •  Civil Appli. Nai 70 of 2006 (UR/37/06)  •  4 May 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

RULING OF THE COURT

This is yet another reference by the applicant this time from the decision of a learned single Judge of this Court on a Notice of motion brought under rule 4 of the Rules of this Court in which the applicant RAWSON MBUGUA MACHARIA sought an order to further extend time within which to file and serve records of appeal in two separate intended appeals.

The record shows that on 19th December, 2005 a full bench of this Court pursuant to a reference granted the applicant an extension of time within which to file and serve the records in two separate intended appeals. It is common ground that no appeals were filed before the time granted by the Court and hence the application before the learned single Judge.

The application came for hearing on 22nd September, 2006. The applicant who is seriously hard of hearing prosecuted his application in person. Mr. Kimiti, Advocate, appeared for the 1st and 3rd respondents. In his ruling the learned single Judge held:-

“It is however, cl…

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