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SAMUEL MWANGI v. JEREMIAH M'ITOBI

(2007) JELR 94627 (CA)

Court of Appeal  •  Civil Appli 331 of 2006  •  26 Oct 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

CIVIL APPLI 331 OF 2006

SAMUEL MWANGI ............................................... APPLICANT

AND

JEREMIAH M’ITOBI .......................................... RESPONDENT

(Application for extension of time to file and serve record of appeal out of time in an intended appeal from a judgment and a decree of the High Court of Kenya

Meru (Etyang, J) dated 8th April, 1998

In

H. C. C. APPEAL NO. 70 OF 1994)

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

RULING

I am asked to exercise my discretion under rule 4 of the Court’s Rules in order to enable the applicant Samuel Mwangi to file and serve out of time a notice of appeal and a record of appeal upon the respondent Jeremiah M’Itobi. The applicant had previously filed Civil Appeal No. 180 of 2002. That appeal was struck out by the Court on 2nd November, 2006. I do not think I am required to concern myself with the reason(s) why the full Court struck out the appeal, but I need to point out that the question of whether the…

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