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Simon Muriithi Maina v. Anthony Nzuki & Emmanuel Kakula & Divisional Integrated Development Programmes Company Limited

(2018) JELR 94347 (CA)

Court of Appeal  •  Civil Application 226 of 2017  •  18 May 2018  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GITHINJI, JA (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 226 OF 2017

BETWEEN

SIMON MURIITHI MAINA

(Suing on his behalf and on behalf of 33 others).................................APPLICANTS

AND

ANTHONY NZUKI and EMMANUEL KAKULA

(both being sued in the capacities as administrators of the estate of the late

RAPHAEL KAKULA NZUKI..................................1ST and 2ND RESPONDENTS

DIVISIONAL INTEGRATED DEVELOPMENT

PROGRAMMES COMPANY LIMITED..............................3RD RESPONDENT

(An application for extension of time and for leave to file the record of appeal from the Ruling and Order of the High Court of Kenya at Machakos (G. Dulu, J.) dated 22nd November, 2012

in

H.C.C.C. No. 18 of 2008)

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

RULING

[1] This application is for extension of time to file a record of appeal and is mainly brought under Rule 4 of the Court of Appeal Rules which rule gives the Court discretion to extend time in terms that it may think just. The discretion to extend …

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