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KITALE ELGON CO-OPERATIVE UNION LIMITED & 2 ORS.
V.
SETH NYAWARE OMAMO & ANOR.

(2000) JELR 100309 (CA)

Court of Appeal 24 Feb 2000 Kenya
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Case Details

Suit Number:Civil Misc appl 58 of 99
Judges:Abdulrasul Ahmed Lakha
Location:Nairobi
Other Citations:KITALE ELGON CO-OPERATIVE UNION LIMITED,MICHAEL F.C. KITIYO & JOHN CHEPSIGOR v. SETH NYAWARE OMAMO & AGRICULTURAL FINANCE CO-OPERATION[2000] eKLR

R U L I N G

The applicants apply to a single Judge of this Court under rule 4 of the Court of Appeal Rules (the Rules) for an extension of time to file the notice of appeal and the record of appeal from the judgment of the superior court (Akiwumi, J., as he then was) given on 31 July, 1990. The applicants' appeal from that judgment being Civil Appeal No. 109 of 1998 was, on 7 December, 1998 struck out and the present application was filed on 10 March, 1999. i.e. a few days after threeA mopnetrhiso.d o f some three months to file a simple motion such as this one cannot, in my view, be considered as so short a time that no explanation is to be given for it. I agree there was Christmas Vacation in between but even then, that leaves, according to Mr. Okeyo for the first respondent, some seventy days unaccounted. In REV. JOSEPH MUGO MUCHIRA v. NJERI ZAINABU JUMA and ANOTHER, Civil Application No. NAI. 326 of 1995 (unreported) where there was also a delay of 75 days in an application similar…

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