Joseph Barasa Boiyo v Sofia Nafula Joram [2001] KECA 189 (KLR)

IN THE COURT OF APPEAL AT KISUMU CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 170 OF 2001 (KSM. 37/97) BETWEEN JOSEPH BARASA BOIYO ................................ APPLICANT AND SOFIA NAFULA JORAM ................................ RESPONDENT

(Application for extension of time within which to lodge the Record of Appeal out of time in an intended Appeal from a judgment and decree of the High Court of Kenya at Kisumu (Tanui, J.) dated 18th April, 1994 in H.C.C.C. NO. 184 OF 1985) *********************** R U L I N G:

After the applicant was informed by the Registry that his appeal had been struck-out the applicant took 2 months to make this application. I consider this inordinate delay. It has not been explained. The application therefore is dismissed. There will be no order as to costs. Made at Kisumu this 20th day of November, 2001.

A. A. LAKHA...............JUDGE OF APPEAL I certify that this is a true copy of the original.

DEPUTY REGISTRAR