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Stephen Kinoro Kamau v. Wanjiku Kinuthia & Nyakiega Kinuthia (As Administrators of the estate of Kinuthia Kariuki (Deceased))

(2005) JELR 95172 (CA)

Court of Appeal  •  Civil Appeal 273 of 2001  •  14 Oct 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

RULING OF THE COURT

Before us is an application by way of notice of motion brought under rules 42 and 80 of the Court of Appeal Rules (the Rules) in which the applicants are seeking an order that the appeal herein be struck out on the ground that the notice of appeal was served out of time contrary to rule 76(1) of the Rules.

Mr. Kinuthia, for the applicants, submitted that the notice of appeal was served on his clients three days out of time. In opposing the application, Mr. Wahome, for the respondents, sought to rely on rule 3(a) of the Rules and it was his contention that in computing time the day the act was to be done must be excluded. But that argument by Mr. Wahome was countered by Mr. Kinuthia’s reliance on rule 3(d) of the Rules.

This is a matter that the advocates could have dealt with on their own without involving the Court on the issue of computation of time. Rule 76(1) of the Rules provides:-

“An intended appellant shall, before or within seven days after lodging notice of a…

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