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Samwel Ondieki v. Samwel Mageto

(2006) JELR 96745 (CA)

Court of Appeal  •  Civil Application 266 of 2005  •  31 Mar 2006  •  Kenya

Coram
Philip Nyamu Waki

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

CIVIL APPLICATION 266 OF 2005

SAMWEL ONDIEKI...........................................................APPLICANT

AND

SAMWEL MAGETO..........................................................RESPONDENT

(Application for extension of time to serve notice of appeal and lodge a record of appeal out of time from the judgment of the High Court of Kenya at Kisumu (Birech, C.A.) dated 12th June, 2002

in

H.C.C.C. NO. 485 OF 1994)

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

R U L I N G

Although both counsel had drawn up and signed a consent letter for adjournment of the application before me, I rejected the consent as it was presumptuous that the adjournment would be given as a matter of course. I saw no reason to adjourn the matter which has been pending since September, 2005 and I proceeded to hear it. Only the applicant’s counsel was present with his client.

The application seeks an order under rule 4:-

“(a) That leave be granted to extend time to file and serve notice of appeal and lodge recor…

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