Customer Support

SAMUEL NDIRANGU
V.
PATRICK WACHIRA NDERITU

(2005) JELR 96640 (CA)

Court of Appeal 13 May 2005 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Misc Civil Appli 89 of 2004
Judges:William Shirley Deverell
Location:Nyeri
Other Citations:Samuel Ndirangu v. Patrick Wachira Nderitu [2005] eKLR

R U L I N G

This is an application under rule 4 of the Court of Appeal Rules for an extension of time to lodge the notice of Appeal and memorandum and record of appeal in an intended appeal against the judgment of Lady justice H.M. Okwengu delivered on 26th March, 2004.

This judgment determined a first appeal from the judgment of the Nyeri Resident Magistrate Mr. W.K. Korir dated 22nd June, 2001 in P.M.C.C. NO. 609 of 1995. The intended appeal before this Court is therefore a second appeal.

The relevant event leading to the application for extension of time were as follows:-

26th March 2004 The delivery of judgment by Okwengu, J

10th April, 2004 Expiry of 14 days time limit.

22nd April, 2004 Notice of motion for extension

22nd April, 2004 Notice of appeal signed but not lodged waiting leave to lodge out of time.

The length of the relevant delay was therefore from 10th April, 2004 to 22nd April which is 12 days.

The explanation offered by the applicant for that delay was that neither he nor his…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.