SAMUEL MBUGUA GITHERE V. KIMUNGU

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:Hancox JA)

CIVIL APPLICATION NO NAI 56 OF 1983

BETWEEN

SAMUEL MBUGUA GITHERE .....................APPLICANT

AND

KIMUNGU.......................................RESPONDENT

(In an intended appeal from the High Court at Nairobi, Gachuhi J)

RULING

This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion filed on November 15, 1983, states:

“... shall be made to run from the date of receipt of the complete record from the High Court, with liberty to apply for further extension.”

I take these in turn. As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case in which the present applicant was the defendant, High Court Civil Case 70 of 1978, was consolidated) for an e…