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THIKA MUNICIPAL COUNCIL & JOSEPH MUTHUKU KAMWERU v. JANE NYAMBURA

(2000) JELR 94148 (CA)

Court of Appeal  •  civil misc appl 2 of 00  •  9 May 2000  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI 2 OF 2000

BETWEEN

THIKA MUNICIPAL COUNCIL

JOSEPH MUTHUKU KAMWERU ................................APPLICANTS

AND

JANE NYAMBURA .........................................RESPONDENT

(Application for extension of time to file notice of appeal and record of appeal from a judgment and decree of the High Court of Kenya at Nairobi (Angawa J) dated 6th October, 1998

in

H.C.C.C. NO. 6274 OF 1990)

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

R U L I N G

There was really no delay in bringing the present application and with respect to Mrs Kamande for the respondent, she is right in not opposing the application. The applicants' previous appeal was struck out on 16th December, 1999 and the present motion was filed on 5th January, 2000.

There was the Christmas vacation during this period. The previous mistakes made by counsel for the applicants were sufficiently punished when their appeal was struck out and those mistakes c…

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