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AMOS MURIITHI KARIAMATU
V.
MARGARET WAMBUI WAMUGUNDA & ANOR

(2018) JELR 106129 (CA)

Court of Appeal 23 May 2018 Kenya
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Case Details

Suit Number:Civil Application 51 of 2016
Judges:Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale
Location:Nyeri
Other Citations:Amos Muriithi Kariamatu v. Margaret Wambui Wamugunda & another [2018] eKLR

RULING OF THE COURT

The applicant, Amos Muriithi Kariamatu, applied before a single Judge of this Court under Rule 4 of our rules for extension of time in which the applicant may file a Notice of Appeal and a Memorandum of Appeal arising from the judgment in Nyeri H.C.C.C. No. 55 of 2013, delivered by Ombayo, J. of the Environment and Land Court on 25th July, 2014.

The motion was heard by a single Judge who in a ruling delivered on 31st March, 2017 did not find merit in the application and dismissed it. The applicant has through a letter dated 7th April, 2017 applied under rule 55 (b) of the rules for a reference to the Court from that ruling.

We say at the outset that such a reference is not an appeal from the decision of the single Judge.

The reference came up for hearing before us on 23rd April, 2018 and was urged by Mr. Kebuka Wachira, learned counsel for the applicant, but was opposed by the respondents Margaret Wambui Wamugunda and John Wachira Wamugunda who act in person.

According …

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