FRANCIS MUNYUA WANYOIKE vs SOBHAGCHAND GOSAR SHAH [2000] KECA 380 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, BOSIRE & O'KUBASU JJ.A)

CIVIL APPEAL NO. 17 OF 2000 BETWEEN FRANCIS MUNYUA WANYOIKE .................................APPELLANT AND SOBHAGCHAND GOSAR SHAH ............................. ..RESPONDENT

(Appeal from the judgement of the High Court of Kenya at Nairobi (Honourable Lady Justice Angawa) delivered on the 2nd day of June 1999 in H.C.C. NO. 2283 OF 1995) ******************* RULING OF THE COURT

This appeal was filed out of time. Looking behind the certificate of delay included in the record of appeal, it is clear that Counsel for the appellant was mistaken as from when the time for filing the record of appeal started running. Mr Gichachi for the appellant applies that we give him an adjournment to enable him regularise the error. We have considered the request and are minded to grant him the adjournment sought. We accordingly take out the appeal from today's hearing list and stand it over generally. The appellant shall pay the respondent's costs occasioned by the adjournment.

Dated and delivered at Nairobi this 25th day of September, 2000.

A.B. SHAH------------------- JUDGE OF APPEAL

S.E.O. BOSIRE-------------------JUDGE OF APPEALE. O'KUBASU------------------- JUDGE OF APPEAL

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