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STEPHEN GATHUA KIMANI V. NANCY WANJIRA WARUINGI

(2018) JELR 94563 (CA)

Court of Appeal  •  Civil Application 55 of 2017  •  21 Feb 2018  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

RULING

1. The applicant, who is acting in person, brought an application seeking extension of time to enable him file an appeal against the ruling of Mativo, J. delivered on 19th February, 2016 in an application for review. The applicant also seeks to have the record of appeal that he filed on 22nd July, 2016, Civil Appeal No. 40 of 2016, deemed to have been filed on time.

2. In his affidavit in support of the application, the applicant stated that he applied for proceedings and certified copies of the ruling on 19th February, 2016; that the time taken by the court to type and supply the same was 63 working days; and that a certificate of delay was issued to him on 25th May 2016.

3. The applicant further stated that he has been ailing for some time and from 18th to 22nd July, 2016 when he filed the record of appeal, he was unwell, having been diagnosed with diabetes and high blood pressure. He annexed to his affidavit treatment notes and an appointment card issued by the Provincial Hospiā€¦

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