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WILSON K. MUNIU V. ROSEMARY WANJIKU MUNGAI

(2003) JELR 92887 (CA)

Court of Appeal  •  Civil Application Nai. 97 of 2002  •  17 Jan 2003  •  Kenya

Coram
Effie Owuor

Judgement

RULING

The applicant, Wilson K. Muniu, comes to this Court under the provisions of Rule 4 of the Rules of this Court (the Rules) seeking an order to extend time for him to file both, a notice and record of appeal, to enable him to appeal against the judgment of Rawal, J. delivered on 25th January, 2001 by which he was ordered to pay the sum of Kshs.1,207,800/= damages together with costs and interest arising from the death of the respondent's husband.

The grounds upon which the application is brought are many but in my view they all don't relate to the central issue of why the applicant did not file his notice and record of appeal within the prescribed time in the rules.

In that regard, the relevant grounds are that:

"The failure by the applicant to lodge a Notice of appeal within the stipulated period was inherent."

In that it was:

"Due to the factors beyond the control of the applicant as they were only advised of the judgment it is intended to be appealed against on the eleventh day of t…

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