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Stephen Ndungu Kimari v. Devkesh General Stores Ltd.

(2001) JELR 94223 (CA)

Court of Appeal  •  Civil Application Nai. 211 of 2000  •  5 Feb 2001  •  Kenya

Coram
Abdulrasul Ahmed Lakha

Judgement


IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: LAKHA, J.A. (IN CHAMBERS))

CIVIL APPLICATION NO. NAI. 211 OF 2000

BETWEEN

STEPHEN NDUNGU KIMARI ............................................ APPLICANT

AND

DEVKESH GENERAL STORES LTD. ........................... RESPONDENT

Application to file Record of Appeal out of time in an

intended appeal from the High Court of Kenya at Nairobi

(Mr. Justice Khamoni) dated 17th March, 2000

in

H.C.C.C. NO. 1586 OF 1993)

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

R U L I N G

This is the plaintiff's application under rule 4 of the Court of Appeal Rules for an extension of time to file and serve a notice of appeal from a decision of the superior court (Khamoni, J.) given on 17 March, 2000 in High Court Civil Case No. 1586 of 1993 (the suit).

The plaintiff's suit was dismissed on 17 March 2000 for want of prosecution and, unknown to the plaintiff, his then advocate applied for a review which was dismissed on 15 May, 2000. The plaintiff also filed an application for review which was also dismisse…

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