IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: AKIWUMI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 189 OF 1996
BETWEEN
BEATRICE NYAMBURA MUCHERU.............................APPLICANT
AND
TERESIA GATHONI MUCHERU.............................. RESPONDENT
(Application for extension of time to file Notice and
Record of Appeal out of time from the Judgment of
the High Court of Kenya at Nairobi (Justice Aluoch)
dated 19th March, 1984
in
H.C.C.C. NO. 722 OF 1984 (O.S.)
**************
R U L I N G
The application by the applicant is for extension of time to file her appeal which had been struck out only on 22.5.1996 by this court as being incompetent on the grounds that the record of appeal did not contain as mandatorily required by the rules of this Court, a certified copy of the decree of the judgment appealed against. It is true that the appeal that was struck out had been filed some twelve years ago, but as counsel for the applicant states, the failure to include the certified copy of the decree was a g…