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ROSEMARY MAKENA MWANGI & SIMON MURAYA v. MWANGI HARUN & FLORA KABURA CHEGE (the administrator of the estate of JOHN CHEGE

(2009) JELR 94241 (CA)

Court of Appeal  •  Civil Appli 185 of 2006  •  5 Jun 2009  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

RULING OF THE COURT

This is a reference to the full court under rule 54 of the Rules of this Court from the decision of Aluoch, JA sitting as a single judge of this Court delivered on 4th July, 2008. The learned single judge exercised her discretion under rule 4 of this Court’s Rules by dismissing the applicant’s application for extension of time within which to seek leave to appeal against the decision of the superior court (Muli, J) given on 22nd May, 1981.

In dismissing the applicant’s application the learned single judge expressed herself thus:

“The length of the delay in this case is about 28 years. The reason given for the delay is “mistakes of lawyers”, though the only correspondence from the applicant’s lawyer then, annexed is dated 5th July, 1985. The decision made by the learned Judge 28 years ago, was confirmed by the first respondent Mwangi Harun, in his submissions before me, that indeed he sold Plot No. 6B Chuka market to John Chege (now deceased). In these circumstances, w…

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