REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gicheru, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 32 OF 1998
BETWEEN
MUNGAI MUNA............................................APPLICANT
AND
ESMAEL N. MUNGAI...............................RESPONDENT
(Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court of Kenya at Nairobi (Akiwumi, J.) dated 5th June, 1989
in
H.C.C.C. NO. 2770 OF 1981)
*****************
RULING:
In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court. On 18th October, 1993, time to lodge the record of the applicant's intended appeal to this Court was extended by 30 days from the date hereinabove mentioned. According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time. He now has sought and obtained ass…