C.O. Okere v Esther Nduta Khyukia & 2 others [2009] KECA 9 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI

CIVIL APPLICATION 158 OF 2009

DR.C.O. OKERE....................................................APPLICANT

AND

ESTHER NDUTA KHYUKIA...........................1ST RESPONDENT

ESTHER MUTHONI......................................2ND RESPONDENT

CITY COUNCIL OF NAIROBI.........................3RD RESPONDENT

(An application for leave to extend time to file and serve the memorandum and record of appeal against the judgment in the High Court of Kenya at Nairobi (Rawal, J) dated 4th May 2007

in

H.C.C.C.NO.2 OF 2004)

***********

RULING

In view of the absence of the applicant and/or counsel the application dated 5th June, 2009 is hereby dismissed with costs to the 1st and 3rd respondents pursuant Rule 55(1) of the Courts’ Rules.

It is so ordered.

DATED and delivered at Nairobi this 10th day of November, 2009.

J.G. NYAMU

.............................

JUDGE OF APPEAL

I certify that this is atrue copy of the original.

DEPUTY REGISRAR