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JOSEPH MUTIO KINYAMBU
V.
PHILOMENA KANAI MULU

(2019) JELR 100628 (CA)

Court of Appeal 5 Apr 2019 Kenya
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Case Details

Suit Number:Civil Application 243 of 2016
Judges:Martha Karambu Koome
Location:Nairobi
Other Citations:Joseph Mutio Kinyambu v. Philomena Kanai Mulu [2019] eKLR

RULING

[1] This is an application under Rule 4 of the Court of Appeal Rules. It was filed on 28th October, 2016 by Joseph Mutio Kinyambu (applicant.) He is seeking an order extending time for lodging a record of appeal against the judgment and decree delivered on 21st May, 2010. The application is supported by his own affidavit in which he deposes that he was represented before the High court by the firm of P.M. Mutuku and Co. Advocates when the judgment was delivered. The applicant states that he immediately instructed the said advocate to file an appeal and he was assured that all the necessary steps had been taken towards filing of the appeal. On 13th July, 2010 the applicant received a letter from the said advocates advising him the Notice of Appeal had been filed and requesting him to pay some Kshs.10,000 to facilitate the filing of the memorandum and record of appeal. Although he does not say whether he paid the said sum, he went on to say that he was surprised to find out that i…

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