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JAMES MIGWI & ANOR
V.
SUSAN WANJIKU MWANGI

(2013) JELR 97067 (CA)

Court of Appeal 20 Jun 2013 Kenya
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Case Details

Suit Number:Civil Application 229 of 2011
Judges:Alnashir Ramazanali Magan Visram
Location:Nyeri
Other Citations:James Migwi & another v. Susan Wanjiku Mwangi [2013] eKLR

RULING

This is an application under Rule 4 of the Court of Appeal Rules for extension of time to file and serve a notice of appeal, and record of appeal, from the ruling and order of the High Court of Kenya (Muchelule, J.) dated 28th June, 2011.

The ruling in the case before the High Court was delivered on 28th June, 2011. However, the applicants say in their deposition that the delay of more than two months in filing this application was occasioned by the following reasons:

That we are the applicants herein and hence competent to swear this affidavit.

That the judgment against which we intend to appeal was delivered on 28th June, 2011 by Honourable Mr. Justice Muchelule, sitting in the High Court of Kenya at Embu Civil Appeal No. 26 of 2008. (Annexed is a copy of the judgment marked JM '1')

That on 6th July, 2011, we requested that the lower court file from Wang'uru Court be transferred to the Embu High Court to enable the appeal to be heard. (Attached is a copy of the letter requesting …

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