MEDOKENYA OLE vs NJUGUNA KAMAU [1999] KECA 29 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, J.A.(IN CHAMBERS) CIVIL APPLICATION NO. NAI 283 OF 1993

MEDOKENYA OLE MALOI................................ APPLICANT AND NJUGUNA KAMAU ................................... RESPONDENT

(Application for leave to file appeal out of time at the High Court of Kenya at Nairobi (Hon. Aluoch, J) dated 11th June, 1987

in

H.C.C.C. NO. 66 OF 1979)

*************** R U L I N G

This is a second application for extention of time to lodge an appeal. The first extension expired because the applicant was unable to obtain his file for his previous advocate who refused to release it because he had not been paid. Mr Gatimu now says he has all the documents he needs to lodge an appeal.

Although the delay involved here is inordinate, it has been explained to my satisfaction. Accordingly, I allow the application and extend the time for filing the appeal to 15th August, 1999. I make no order as to costs.

Dated and delivered at Nairobi this 22nd day of July, 1999.

R. O. KWACH

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JUDGE OF APPEAL

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

DEPUTY REGISTRAR