REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, LAKHA and BOSIRE, JJ.A.)
CIVIL APPEAL NO. 152 OF 1999
BETWEEN
SAMUEL MUIRURI GICHINA ................................APPLICANT
AND
EVANSON KIMEMIA .......................................RESPONDENT
(Application for extension of time to file a Notice of
appeal and record of appeal from the judgment of the
High Court of Kenya at Nakuru (Hon. Justice Nambuye)
dated 27th May, 1994
in
H.C.C.C No. 240 of 1990)
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R U L I N G
The applicant, Samuel Muiruri Gichina by way of Notice of Motion brought under rule 4 of the Rules of this Court seeks for extension of time to enable him to file a notice of appeal and record of appeal against the Judgment of the superior court (Nambuye J.) given on 27th of May, 1994 in Nakuru H.C.C.C No. 240 of 1990.
A previous appeal C.A No. 28 of 1998 was struck out by this Court on 28th of June, 1998 on the ground that the Notice of appeal therein had not been served upon the respondent…