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REUBEN NJUGUNA NYUMU v. NELLY WAGIO NJUGUNA

(1999) JELR 94427 (CA)

Court of Appeal  •  Civil Application Nai. 169 of 1998  •  22 Jan 1999  •  Kenya

Coram
Effie Owuor

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 169 OF 1998 BETWEEN

REUBEN NJUGUNANYUMU......................................APPLICANT

AND

NELLY WAGIO NJUGUNA.....................................RESPONDENT

(Application for extension of time to file Record of

Appeal from a Ruling of the High Court of Kenya at

Nairobi (Mr. Justice Githinji) dated 17th March,1997

in

H.C. SUCCESSION NO. 513 OF 1992)

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

RULING

While in the process of canvassing a Notice of Motion brought by the applicant under Rule 9 of the Courts Rules for extension of time to file a record of appeal out of time, Mr. Katwa now applies to withdraw the same purportedly under Rule 93. He has made no indication to the Court as to why he wishes to withdraw the application. Nor did Mr. Kiage appearing for the Respondent demand from him the reason why he was withdrawing the application. I have noted that the litigation in respect of which the applicatio…

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