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WILLIAM KIPTARBEI KORIR, PETER KIPSAT LELEI, SUSAN KEMEI, NIXON KIPCHUMBA, DAVID BUTTY, WILLIAM BUTTY & DINAH KORIR V. DANSON MUNIU NJERU

(2015) JELR 92953 (CA)

Court of Appeal  •  Civil Application 308 of 2014  •  24 Jun 2015  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

In their application before me dated 10th November 2014, the applicants combined prayers for extension of time under rule 4 of the rules of the Court to appeal the judgment of the High Court given on 26th February 2014 out of time with prayers for temporary injunction and stay of execution under rule 5(2)(b). When I drew counsel’s attention to rule 53 of the rules of the court to the effect that a single judge cannot entertain an application for injunction or stay of execution, counsel for the applicants applied to withdrew prayers for temporary injunction and for stay of execution. There being no objection by the respondent I allowed the withdrawal with the result is that the only matter for consideration before me is the application under rule 4 of the rules of the court for extension of time to file an appeal from the judgment of the High Court given on 26th February 2014 out of time.

Background

By a plaint dated 19th June 2004, the respondent as the personal representative and…

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