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SAMUEL KURIA v. MBUGUA KIMANI

(1997) JELR 94135 (CA)

Court of Appeal  •  Civil Appeal 151 of 1996  •  5 Jun 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Civil Appeal 151 of 1996

SAMUEL KURIA ...............................................................................................APPELLANT

VERSUS

MBUGUA KIMANI ......................................................................................... RESPONDENT

(Appeal from the judgment of the High court of Kenya Aluoch J) dated 17th February, 1994

IN

H. C.C. C. NO. 958 OF 1977)

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

RULING

The only thing which has caused me a lot of concern in this application is that the applicant failed to copy his letter asking for proceedings to the respondent. The judgment against which the applicant has in fact appealed was delivered on the 17th February, 1994. On the 1st March, 1994, the applicant filed his notice of appeal and by a letter dated the 22nd March, 1994, the applicant sent a copy of the notice of appeal to the respondent who was then acting in person. On the same day the notice of appeal was lodged, namely, 1st

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