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Sampson Nderitu Karitu v. Martha Watetu Karitu substituted by Mary Wanjiku Karitu; Joseph Ndumia Karitu

(2005) JELR 95102 (CA)

Court of Appeal  •  Misc Civil Appli 168 of 2004  •  12 May 2005  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NYERI

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

CIVIL APPLICATION NO. NAI. 168 OF 2004 (NYR.12/2004)

BETWEEN

SAMPSON NDERITU KARITU................................................APPLICANT

AND

1. MARTHA WATETU KARITU substituted by

MARY WANJIKU KARITU

2. JOSEPH NDUMIA KARITU......................................RESPONDENTS

(Application for extension of time to file Record of Appeal from a judgment of the High Court of Kenya at Nyeri (Juma, J) dated 13.3.03

in

H.C.SUCC.C. NO. 19 OF 1999)

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

R U L I N G

The matter in issue in the intended appeal is a family land. It appears indeed sensitive. It is true there have been delays here and there in lodging the intended appeal.The delay is about 79 days. It appears inordinate on the face of it but it has been explained to my satisfaction. It was caused by the Court’s Registry which gave an erroneous advice.

I am satisfied that if I grant the application for extension of time to lodge the intended appeal th…

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