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Teresa Moraa & Nyanchoka Omari v. Stephen Kendu Nyaega

(2005) JELR 96529 (CA)

Court of Appeal  •  Civil Application Nai 216 of 2005  •  29 Nov 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

CIVIL APPLICATION NAI 216 OF 2005 (17/2005)

BETWEEN

1 TERESA MORAA OMUNDI

2 NYANCHOKA OMARI.....................................................APPLICANTS

AND

STEPHEN KENDU NYAEGA................................................RESPONDENT

(An application to file and serve Notice and Record of Appeal out of

time from the Judgment and Decree of the High Court of Kenya at Kisii

(Birech Commissioner of Assize) dated 17th June, 2003

in

HCCC NO 105 OF 2005 (O.S.)

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

RULING

This is an application under rule 4 of the Court of Appeal Rules in which the applicants are seeking leave to file and serve notice of appeal and record of appeal out of time. The applicants’ previous appeal (Civil Appeal No. 225 of 2003) was struck out on 23rd June, 2005 on a technicality in that it was filed out of time without leave of the Court. This application was then filed on 4th July, 2005 which was about ten days after the previous appeal was struck …

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