GICHERU KAHIU,JULIUS GACHII KAHIU & JAMES GICHERU vs MUNIU KAHIU [1998] KECA 229 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gicheru, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 292 OF 1997

BETWEEN

1. GICHERU KAHIU

2. JULIUS GACHII KAHIU

3. JAMES GICHERU........................................APPLICANTS

AND

MUNIU KAHIU............................................RESPONDENT

(Application for extension of time to file an appeal out of time in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Aganyanya, J.) dated 24/5/96 in

H.C.C.C. NO. 867 OF 1989)

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RULING:

From the annexures to the applicants' supporting affidavit to this application, it would appear to me that the applicants have still 17 days within which to lodge their appeal to this Court. In the result, there is no time to extend in this regard and they should therefore lodge their intended appeal within the remaining 17 days. It is so ordered.

Dated and delivered at Nairobi this 11th day of February, 1998.

J.E. GICHERU

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

JUDGE OF APPEAL

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

DEPUTY REGISTRAR