MWANIKI GAKUYA & ANOTHER vs PRISCILLA WANJIKU GAKUYA [2002] KECA 111 (KLR)

IN THE COURT OF APPEAL

AT NYERI

CORAM: SHAH, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 443 OF 2001(UR.234/2001)

BETWEEN

MWANIKI GAKUYA & ANOTHER ............................. APPLICANTS AND PRISCILLA WANJIKU GAKUYA ............................. RESPONDENT

(An application for extension of time to file Notice

and Record of Appeal from a Ruling of the High Court

of Kenya at Embu (Mr. Justice Tuiyot) dated 4th September

2001

in

H.C.C.A. NO. 30 OF 1999)

*************

R U L I N G The applicants were the respondents in the first appeal in the superior court. That court heard an appeal against a decision of Kerugoya Resident Magistrate's Court and overruled the learned magistrate, hereby allowing that appeal. The applicants are desirous of appealing. The High Court judgment was delivered on 4th September, 2001. This application was lodged on 13th December, 2001. Considering the fact that the two applicants were not then represented and that they had to look for advocates to lodge this application, the delay is not so inordinate as to enable me shut out the applicants from appealing.

I allow this application and order that the notice of appeal be lodged within the next seven days and the record of appel be lodged within 30 days of the lodgment of the notice of appeal. The respondent will have costs of this application which I assess at Shs. 3,000/=. These must be find within the next 30 days failing which execution may issue.

Dated and delivered at Nyeri this 10th day of May, 2002. A. B. SHAH ........................ JUDGE OF APPEAL

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