SAMUEL MWANGI KARIUKI & BETH WAITHIRA GATIMU vs TERESIA WANJIRU KAMAU & KAMAU MACHARIA [1997] KECA 194 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI. 161 OF 1996

BETWEEN

1. SAMUEL MWANGI KARIUKI

2. BETH WAITHIRA GATIMU............................APPLICANTS

AND

1. TERESIA WANJIRU KAMAU

2. KAMAU MACHARIA..................................RESPONDENTS

R U L I N G

This application is not opposed. Miss Thuo seeks costs of the application. I think the concession by the respondent is not misplaced. I allow the application and order that the fresh notice of appeal be filed within the next seven days and that the record of appeal be filed within 21 days thereafter. The respondent will have costs of this application to be taxed if not agreed.

Dated and delivered at Nairobi this 10th day of April, 1997.

A.B. SHAH

....................

JUDGE OF APPEAL

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

DEPUTY REGISTRAR