Customer Support

JOHN NJIRU MUYA
V.
NGUU MUYA & DANIEL MUKUNYA

(1997) JELR 104393 (CA)

Court of Appeal 30 Oct 1997 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:civil appl no. nai. 157 of 97
Judges:A B Shah
Location:Nyeri
Other Citations:JOHN NJIRU MUYA v. NGUU MUYA & ANOTHER[1997]eKLR

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NYERI

(CORAM: SHAH, J.A. (IN CHAMBERS))

CIVIL APPLICATION NO. NAI 157 OF 1997 (NYR 8/98)

BETWEEN

JOHN NJIRU MUYA.......................................APPLICANT

AND

1. NGUU MUYA

2. DANIEL MUKUNYA...................................RESPONDENTS

(Application for extension of time within which to file

record of appeal from a ruling and order of the High

Court of Kenya at Nyeri (Mr. Justice J.A. Osiemo)

dated 14th November, 1996

in

H.C.C.A. NO. 102 OF 1993)

***********

R U L I N G

It is indeed amazing that Mr. Kathungu was not aware of the well known proviso to rule 81 of the Rules of this Court Mr. Kariithi has correctly pointed out that Mr. Kathungu ought to have known of the said proviso. In fact at the time this application was filed the time to file the appeal itself had not run out. Instead of filing the appeal the applicant filed this application.

Whilst I deprecate the fact that an advocate does not read the rules I cannot allow the innocent (rule-…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.