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Richard Apela & another v. Emmanuel Ngeso Nyaoke

(2006) JELR 96736 (CA)

Court of Appeal  •  Civil Application 335 of 2004  •  31 Mar 2006  •  Kenya

Coram
Philip Nyamu Waki

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

CIVIL APPLICATION 335 OF 2004

1. RICHARD APELA )

2. PENINA ODENY APELA ) .............................................. APPLICANTS

AND

EMMANUEL NGESO NYAOKE ........................RESPONDENT

(Application for extension of time to file and serve notice and record of appeal out of time in an intended appeal from a judgment of the High Court of Kenya at Kisumu (Birech, Comm. of Assize) dated 29th June, 2000

in

H.C.C.C No. 18 of 1998)

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

R U L I N G

The application made before me in this matter is hopeless and unsalvageable. It is a notice of motion filed on 15.12.04 ostensibly by two applicants, Richard Apela and Penina Odeny Apela. But the affidavit in support of the application is sworn by one Albert Apela who says he is the applicant! He also says his father, Richard Apela, was the plaintiff in the superior court but he died on 26.03.01. Nothing is said about the second applicant, Penina Odeny Apela.

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