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MOSES MURIITHI GITHUI
V.
EDWIN HAYANGA OHORE

(1996) JELR 104527 (CA)

Court of Appeal 9 Feb 1996 Kenya
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Case Details

Suit Number:Civil Appeal 129 of 1991
Judges:Amrittal Bhagwanji Shah, Abdulrasul Ahmed Lakha, Richard Otieno Kwach
Location:Nairobi
Other Citations:Moses Muriithi Githui v. Edwin Hayanga Ohore [1990] eKLR

RULING OF THE COURT

The appeal against the decree of the superior court dated 26th June, 1990 was filed on 22nd August, 1991. According to the Certificate of Delay the proceedings and judgment were ready on the 22nd January, 1991. Accordingly, the last date for the filing of appeal was 21st March, 1991, with the result that the appeal was filed five months out of time without leave. In the circumstances, the appeal is incompetent and it is struck out. We make no order for costs.

Dated and delivered at Nairobi this 9th day of February, 1996.

R.O. KWACH

........................

JUDGE OF APPEAL

A.B. SHAH

.......................

JUDGE OF APPEAL

A.A. LAKHA

.......................

JUDGE OF APPEAL


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