Gad David Ojuando v Nimrod Bwibo (Chairman Maseno University Council), FN Onyango (Vice Chairman Maseno University) & Maseno University [2005] KECA 43 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: O’KUBASU, J.A. (IN CHAMBERS) CIVIL APPLICATION NAI 199 OF 2005 BETWEEN GAD DAVID OJUANDO ……………………….………………. APPLICANT AND 1. PROF. NIMROD BWIBO (CHAIRMAN MASENO UNIVERSITY COUNCIL) 2. PROF. F. N. ONYANGO………………………………………..…RESPONDENTS (VICE CHAIRMAN MASENO UNIVERSITY) 3. MASENO UNIVERSITY

(Being application for extension of time to file and serve notice of appeal out of time and thereafter lodge the appeal from part of the decision/orders of the High Court of Kenya at Kisumu (Mr. Justice M. Warsame) dated 23rd May, 2005 in KISUMU H.C.C.C. NO. 101 OF 2003) ********** R U L I N G

This is an application underrule 4 of the Court of Appeal Rules seeking extension of time in which to file and serve notice of appeal out of time and lodge record of appeal. The application is not opposed. Accordingly the application is allowed and the notice of appeal is to be filed and served within 7 days from the date hereof and the record of appeal to be lodged within 30 days from the date the notice of appeal is filed. Costs agreed at Shs.3,500/= to the respondent.

Made at Kisumu this 25th day of November, 2005.

E. O. O’KUBASU…………………………JUDGE OF APPEAL

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