SAM KIPLAGAT & NATION NEWSPAPERS V. CHARLES WANJOHI WATHUKU

IN THE COURT OF APPEAL

AT NYERI

(CORAM: WAKI, J.A (IN CHAMBERS))

CIVIL APPLICATION NO. 45 OF 2016

SAM KIPLAGAT.............................................1^ST APPLICANT

NATION NEWSPAPERS..............................2^ND APPLICANT

AND

CHARLES WANJOHI WATHUKU...................RESPONDENT

(An application for extension of time to file and serve the Record of Appeal against the judgment of the High Court of Kenya at Nyeri (Onganya, J.)

dated 5^th day of December, 2014

in

H. C. C. C. No. 160 of 2010)

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RULING

1. The ruling on the notice of motion dated 28^th June 2016 which was heard on 7^th November 2016 should have been delivered on 18^th January 2017 and the oversight is regretted. An apology to the parties is also necessary. It is an application for extension of time under Rule 4 of the Rules of this Court to file and serve a record of appeal out of time.

2. The judgment the subject matter of the intended appeal was delivered by Byram Ongaya J. on 5^th December 2014 in a suit claimin…