TERESIA WAINOI MUGAMBI v JOSEPH MUGAMBI NGURE [2008] KEHC 3202 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

H.C.MISC.APPLI. 13 OF 2007

TERESIA WAINOI MUGAMBI……………......………………APPLICANT

VERSUS

JOSEPH MUGAMBI NGURE……………………………..RESPONDENT

RULING

Notice of Motion filed on 1/2/2007 seeks to enlarge time within which to file an appeal against Judgment/Orders made on 6/7/2006.

The reason for delay in compliance is that the certified copies of Judgment and proceedings were supplied on 25/9/2006.  Certificate of delay was issued on 21/12/2006. The dispute is the validity of a customary marriage.  This being a matter of determination of personal status of parties it is an important dispute to be determined.  I therefore find that the substance of the appeal is important to both parties.  I accept the explanation as to the cause of delay.

I allow application and order the proposed appeal to be filed within the next 14 days from today.

Dated this 22nd February, 2008.

J. N. KHAMINWA

JUDGE

22/2/2008

Khaminwa – Judge

Njue- Clerk

Mr. Chomba present

Read in open court.

J. N. KHAMINWA

JUDGE