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Tarcisio Kagunda Waitathu & 3 others v. Regina Nyambura Waitathu

(2018) JELR 95723 (CA)

Court of Appeal  •  Civil Application 72 of 2017  •  7 Feb 2018  •  Kenya

Coram
Fatuma sichale

Judgement

RULING OF THE COURT

The applicants, TARCISIO KAGUNDA WAITATHU, JOHN WANG’OMBE WAITATHU, SIMON MUCHIRI WAITATHU and TERESA MUMBI GAKURU filed a Notice of Motion dated 23rd June, 2017 and sought, inter alia, an order that they be granted an extension of time to file the Record of Appeal out of time. The motion was premised on the affidavit of TARCISIO KAGUNDA WAITATHU, the 1st applicant who deponed that judgment was delivered on 24th March, 2016; that on the same day (24th March, 2016) they filed a Notice of Appeal; that they applied for proceedings on 30th March, 2016 which proceedings were certified on 6th December, 2016; that the letter informing them that the proceedings were ready was issued on 21st February, 2017 and a certificate of delay was issued on 28th March, 2017; that on 21st May, 2017 the court registry rejected the filing of their Record of Appeal on the basis that it was late and finally that they have an arguable appeal.

The respondent, REGINA NYAMBURA WAITATHU filed a r…

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