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MUCHUGI KIRAGU
V.
JAMES MUCHUGI KIRAGU & HENRY THARIKI NG'ANG'A

(1998) JELR 104587 (CA)

Court of Appeal 6 Feb 1998 Kenya
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Case Details

Suit Number:civil appl no.nai.356 of 96
Judges:Johnson Evan Gicheru, Akilano Molade Akiwumi, Amrittal Bhagwanji Shah
Location:Nairobi
Other Citations:MUCHUGI KIRAGU v. JAMES MUCHUGI KIRAGU & ANOTHER[1998]eKLR

RULING OF THE COURT

The reference before us is in respect of the refusal of Kwach, J.A. sitting as a single judge of this court, to extend for the applicant, time within which to appeal against the judgment of Walekhwa, J. given on 13th May, 1992. The uncontroverted facts are that the applicant timeously filed his Notice of Appeal on 20th May, 1992, that is on the seventh day after the delivery of the judgment. But before then, his advocate had on 18th May, 1992, and within time, applied, to the Deputy Registrar of the High Court, and sending a copy of this application to the respondents' advocates, for copies of the proceedings and judgment in the matter before the superior court, for the purpose of lodging an appeal in this Court. The Certificate of Delay showed that the proceedings and judgment were delivered to the applicant on 5th August, 1996. From that day, the applicant had sixty days within which to lodge his appeal. This he failed to do because the Certificate of Delay itself…

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