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Vincent Kimani, Arcadius Njora Chege & Onesmus Burugu “C” v. Michael Njoroge “B” & Others

(2014) JELR 95017 (CA)

Court of Appeal  •  Civil Application Nai. 272 of 2012 (UR 197/2012)  •  18 Dec 2014  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

RULING OF THE COURT

This is a reference from the decision of a single judge (Mwera, J.A.) delivered on 24th May 2013 in which the learned single judge declined to grant the applicants, an extension of time within which to file and serve the record of appeal against the Ruling of L. Njagi, J. delivered on 16th September 2009.

The application is premised on a Notice of Motion dated 31st October 2012 seeking orders that;

.....

That the Applicants be given leave to file and serve the Record of Appeal out of time and that time be given for filing the Record of Appeal.

That time for filing the Record of Appeal be extended

That the Honourable Court be pleased to issue any such further orders it may deem fit and convenient.

When the matter came up before us on 4th November 2014, Mr. Ondieki, learned counsel for the applicants informed us that the intended appeal was in respect of a land dispute dating back to 1979, where two conflicting decrees were extracted at different times, both relating to…

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