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Samuel Ndirangu v. Patrick Wachira Ndiritu

(2005) JELR 95091 (CA)

Court of Appeal  •  Civil Application NAI 89 of 2004  •  28 Oct 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu

Judgement

RULING OF THE COURT

This is a reference from the ruling of a learned single Judge of this Court delivered on 13th May, 2005, whereby, in exercise of his powers under rule 4 of the Rules of this Court, he declined to grant the applicant, SAMUEL NDIRANGU, extension of time within which to lodge the notice of appeal and record of appeal in an intended appeal against the judgment of Okwengu, J delivered at the High Court of Kenya at Nyeri on 26th March, 2004. In refusing to enlarge time the learned single judge said:-

“I have come to the conclusion after taking into account both the lack of any affidavit from either Mr. Nderi or Mr. Nganga and the contents of the judge’s note, that the applicant’s supporting affidavit was lacking veracity in asserting that neither he, nor his advocates were aware of the delivery of the judgment on 26th March, 2004.”

and also that :

“When seeking the discretion of the court to extend time it is incumbent upon the applicant to be frank and truthful in his state…

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