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Waribu Chongo v. Benson Maina Gathithi

(2013) JELR 95178 (CA)

Court of Appeal  •  Civil Application 180 of 2011  •  16 May 2013  •  Kenya

Coram
James Otieno Odek

Judgement

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

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