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ANNE WAMBUGU GITHAIGA
V.
STEPHEN MAINA GITHAIGA

(2016) JELR 106072 (CA)

Court of Appeal 16 Sep 2016 Kenya
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Case Details

Suit Number:Civil Application Nai. 243 of 2015 (UR 202/2015)
Judges:Daniel Kiio Musinga
Location:Nairobi
Other Citations:Anne Wambugu Githaiga v. Stephen Maina Githaiga [2016] eKLR

RULING

1. The applicant and the respondent are appearing in person. That may explain the inappropriate manner in which some of the prayers in the applicant’s application dated 24th September, 2015 have been crafted. This is a single judge application brought under rules 1(2), 4 and 42 of this Court’s Rules. It is essentially for leave to file a notice and record of appeal out of time. The applicant has however added other prayers that I cannot deal with. She also seeks stay of execution of the judgment sought to be appealed from. She has even urged the court to set aside the High Court judgment. I will only deal with the prayer for leave to appeal out of time since I do not have jurisdiction as a single judge to consider the other prayers.

2. The judgment sought to be appealed from was delivered on 8th November, 2013. The judgment was delivered in the absence of the applicant’s advocates Lucy Njiru and Company. It was not until 2nd February, 2015 when the applicant’s advocates learnt th…

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