SALESIO M'ARIBU vs COUNTY COUNCIL [2002] KECA 126 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NYERI

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

CIVIL APPLICATION NO. NAI. 351 OF 2001 (NYR.19/2001)

BETWEEN

SALESIO M'ARIBU ......................................APPLICANT

AND

COUNTY COUNCIL .......................................RESPONDENT

(Application for extension of time to serve Notice of Appeal from Judgment of the High Court (Mr. Justice Tuiyot) dated 13th August, 2001 in

H.C.C.C. NO. 444 OF 1991) ***************

R U L I N G Although, in view of the provisions of rule 76 , of the Court of Appeal Rules, there is no good reason for the applicant's failure to serve a notice of appeal in time, I am inclined to grant the applicant indulgence and will extend the time within which to serve a notice of appeal for such time as to include the 21st September, 2001 when the said notice was served on the respondent. I make no order as to costs.

Dated and delivered at Nyeri this 9th day of May, 2002.

S.E.O. BOSIRE ....................... JUDGE OF APPEAL

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

DEPUTY REGISTRAR