Crispinus Makokha Maloba v Okinyo Nawiri [1999] KECA 62 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 31 OF 1999 BETWEEN

CRISPINUS MAKOKHA MALOBA .............................APPLICANT AND OKINYO NAWIRI ..................................................RESPONDENT

(Application for enlargemnt of time to file record and memorandum of appeals out of time from a judgment of the High Court of Kenya at Busia (Mbito J) dated 6th October, 1998

in

H.C.C.C. NO. 9 OF 1997) ******************* R U L I N G

I am satisfied that the applicant's reasons for failing to lodge his appeal in time are genuine - illness and lack of funds. The application has been brought without delay. I allow the application and extend the time for lodging an appeal by 30 days from today. Costs of the application to be in the appeal.

Dated and delivered at Kisumu this 18th day of March, 1999.

R. O. KWACH --------------- JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR