Njuguna v Waithaka [2024] KECA 1685 (KLR)

Njuguna v Waithaka (Civil Appeal (Application) E436 of 2024) [2024] KECA 1685 (KLR) (22 November 2024) (Ruling)

Neutral citation: [2024] KECA 1685 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) E436 of 2024

M Ngugi, JA

November 22, 2024

Between

Julius Njuguna

Applicant

and

John Roki Waithaka

Respondent

((Being an application for extension of time to file and serve a record of appeal out of time on an appeal from the judgment of 0. A. Angote J. dated 3{{^rd}} November 2022) Environment & Land Case 1391 of 2013 )

Ruling

1. In his application dated 21st June, 2024, the applicant seeks extension of time pursuant to rule 4 of this Court’s Rules to file and serve the record of appeal dated 11th June 2024 out of time and in the alternative, that the record of appeal dated 10th June 2024 and filed on 11th June 2024 be deemed as duly filed and served.

2. The application was placed before me for hearing on 5th November 2024. Upon perusal of the record, however, I notedthat the parties had filed a consent letter dated 8th July 2024 signed by the firm of N. Kinyanjui & Co. Advocates for the applicant and E.M. Wachira & Co. Advocates for the respondent. The consent is in the following terms:1. That the Notice of Motion dated 21st June 2024 is allowed in terms of prayer 1 and 2. 2.That there be no order as to costs.

3. As the parties have consented to the extension of time as prayed by the applicant, and such consent being reasonable and meeting with the approval of the Court, orders are hereby issued in terms of the consent between the parties dated 8th July 2024

DATED AND DELIVERED AT NAIROBI THIS 22ND DAY OF NOVEMBER, 2024MUMBI NGUGI………………………….JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR