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Simon Towett Maritim v. Jotham Muiruri Kibaru

(2005) JELR 95041 (CA)

Court of Appeal  •  Civil Application NAI 362 of 2004  •  30 Sep 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: O’KUBASU, J.A. (IN CHAMBERS)

Civil Application NAI 362 of 2004

BETWEEN

SIMON TOWETT MARITIM ............................................. APPLICANT

AND

JOTHAM MUIRURI KIBARU ........................................ RESPONDENT

(Application for leave to lodge and serve Notice of Appeal and Record of appeal

out of time from the Judgment of the High Court of Kenya at Nakuru (Lady Justice Ondeyo)

dated 7th July, 2003

in

H.C.C.C. NO. 253 OF 1996)

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

R U L I N G

This is an application by way of Notice of Motion stated to have been brought under “Rules 4, 42, 74 and 76 of the Court of Appeal Rules” in which the applicant, Simon Towett Maritim is seeking the following orders:-

“1. THAT time within which to lodge and serve notice and record of appeal from the decision of the superior court in NAKURU H.C.C.C. No. 253 of 1996 be extended as this Honourable Court may deem fit.

2. THAT costs of and incidental to this application abide the…

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