PETER MATHENGE GITONGA T/A MATHENGE GITONGA & CO. ADVOCATES
V.
NJOROGE KIBATIA & SIMON MAINA KARUGA T/A KIBATIA & CO. ADVOCATES

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KOOME, JA (IN CHAMBERS)

CIVIL APPLICATION NO. 340 OF 2019

BETWEEN

PETER MATHENGE GITONGA T/A

MATHENGE GITONGA and CO. ADVOCATES............................APPLICANT

AND

NJOROGE KIBATIA and SIMON MAINA KARUGA T/A

KIBATIA and CO. ADVOCATES.................................................RESPONDENT

(Being an application for leave to extend time within which to file an application

to strike out the Notice of Appeal from the Ruling and order of the High Court of

Kenya at Nairobi (J. A Makau, J.) dated 18^th October, 2018 in HCCC No 413 of 2017 (OS))

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RULING

[1] Before me is a notice of motion by the applicant dated 28^th October, 2019 which is an omnibus one as it is seeking an extension of time for filing an application to strike out the Notice of Appeal and an order to strike out the Notice of Appeal as being incompetent. The second prayer, that seeks to strike out the Notice of Appeal is not within my powers as a single Judge. An order made…