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PETER WARUI MUCHIRI
V.
JANE WAMBUI MURIITHI

(2008) JELR 94647 (CA)

Court of Appeal 23 May 2008 Kenya
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Case Details

Suit Number:Civil Appli. Nai 300 of 2007 (NYR 14/2007)
Judges:Riaga Samuel Cornelius Omolo
Location:Nyeri
Other Citations:Peter Warui Muchiri v. Jane Wambui Muriithi [2008] eKLR

RULING

Peter Warui Muchiri, “the applicant” hereinafter, asks me under Rule 4 of the Court’s Rules to exercise my unfettered discretion in his favour and to enlarge for him:-

(i) the time within which to file and serve a notice of appeal upon Jane Wambui Muriithi, “the respondent” hereinafter;

and

(ii) the time within which to file and serve a record of appeal upon the Respondent.

The basic underlying facts behind the motion – are not quite clear from the record of application, but what I gathered from Mr. Nderi, learned counsel for the applicant, is that on 3rd September, 1999, approximately eight years ago, the applicant applied to the superior court for an order to revoke some grant or letters of administration which had been made or granted to the applicant. The application to revoke the same somehow stayed on until 25th June, 2007 when it was dismissed for want of prosecution following an application by the respondent for its dismissal. The application to dismiss for want of prosecuti…

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