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(Application for leave to file and serve Notice of appeal and record of appeal out of time against the ruling and order of the High Court of Kenya at Mombasa (Lady Commissioner of Assize Mrs. Khaminwa) dated 5th May, 2003inH.C.C.C. NO. 232

(2007) JELR 93872 (CA)

Court of Appeal  •  Civil Appli 52 of 2006  •  19 Jan 2007  •  Kenya

Coram
Philip Nyamu Waki

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appli 52 of 2006

REUBEN M. MULI T/A KONZA MERCHANTS..............APPLICANT

AND

KESHRA VISHRA T/A ALPESH ENTERPRISES......RESPONDENT

(Application for leave to file and serve Notice of appeal and record of appeal out of time against the ruling and order of the High Court of Kenya at Mombasa (Lady Commissioner of Assize Mrs. Khaminwa) dated 5th May, 2003

in

H.C.C.C. NO. 232 OF 2001)

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

RULING

What is before me is an application made under Rule 4 of the rules of this Court (“the rules”)seeking two prayers which are couched as follows;

“1 That the applicant be granted leave by this Honourable Court to file and serve his Notice of appeal out of time and the Notice of Appeal filed on 26/5/2003 and served on the same day upon the respondent’s advocate be deemed as filed and served if leave is grant(sic).

2 That the period in which to appeal be extended for a further period of 60 days if leave to appeal out of time is grant…

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