PRISCILLA NYAWIRA GITUNGU vs KABITU KANJA [2002] KECA 137 (KLR)

IN THE COURT OF APPEAL AT NYERI CORAM: SHAH J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 214 OF 2002 (NYR 24/2002) BETWEEN PRISCILLA NYAWIRA GITUNGU………………………… APPLICANT AND KABITU KANJA ……………. ………….…….….…) 1ST RESPONDENT GEORGE KARIUKI KABUGU………………….…..) 2ND RESPONDENT SAMUEL GATHECHA MBUTHIA …………………) 3RD RESPONDENT (Application for extension of time in an intended appeal from a judgment and decree of the High Court of Kenya at Nyeri (Juma, J) dated 27. 2.2002. in H.C.C.C. NO. 56 OF 1985) ***************** R U L I N G

Mr. A.J. Kariuki for the second and third respondents does not object to the application now before me for extension of time to lodge a record of appeal out of time. The first respondent who appears in person is content to leave the matter in my hands subject to what Mr. Kariuki has to say. I see no prejudice which could be suffered by the respondents if the application is allowed. In the circumstances I allow the application and direct that the applicant does file the record of appeal by the end of November, 2002. Costs will be in the intended appeal.

Dated and delivered at Nyeri this 31st day of October, 2002.

A.B. SHAH ----------------- JUDGE OF APPEAL

I certify that this is a true copy of

the original.

DEPUTY REGISTRAR