REPUBLIC OF KENYA
Court of Appeal at Nyeri
Civil Application 180 of 2011
WARIBU CHONGO ................................................APPLICANT
AND
BENSON MAINA GATHITHI .................................RESPONDENT
(An application for extension of time to file an appeal out of time in Civil Appeal NO. 117 of 2009 against the judgment of the High Court of Kenya at Nyeri (Sergon, J) dated 17th September 2010
in
H.C.C. A. NO. 117 OF 2009)
R U L I N G
By a Notice of Motion dated 22nd June 2011 M/s Waribu Chongo seek two orders under rule 4 of the Court of Appeal Rules 2010 (the rules) that:-
“1. That the Honourable Court may be pleased to grant the applicant, leave for extension of time to file an appeal out of the stipulated time from the judgment of the High Court of Kenya at Nyeri by Justice J. K. Sergon dated 17th day of September 2010.
2. That the costs of and incidental to the application do abide the outcome of the intended appeal.
The Applicant herein, Mr. Waribu Chongo, by a plaint dated 8th …