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JOSEPH KARANJA GITEHI
V.
JAMES KAMANU NENE & 2 OTHERS

(2018) JELR 100698 (CA)

Court of Appeal 23 Nov 2018 Kenya
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Case Details

Suit Number:Civil Application 43 of 2018 (Ur 37/2018)
Judges:Sankale ole Kantai
Location:Nairobi
Other Citations:Joseph Karanja Gitehi v. James Kamanu Nene & 2 others [2018] eKLR

R U L I N G

The application before me is vide a Notice of Motion brought under various provisions of our rules including rule 4 thereof. The other rules cited including rule 5 (2) (b) are not relevant as I cannot deal with an application for stay of execution sitting as a single Judge. It is prayed in the relevant part that time limited for filing and serving Notice of Appeal from the ruling and order of the Family Division of the High Court delivered on 21st December, 2017 be extended. It is said in grounds in support of the motion and in an affidavit of one Joseph Karanja Gitehi, that the applicant was legally duty bound to file a Notice of Appeal within 14 days of delivery of ruling but that the applicant did not do so; that the applicant filed a Notice of Appeal out of time, that failure to file the same within time was an inadvertent mistake on the part of the applicant and what are called administrative set-backs at Milimani Court. It is further said that the application is made …

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