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|Case Number:||Civil Application Nai.151 of 1994|
|Parties:||Michael Mwanda Awandu v Attorney General|
|Date Delivered:||17 Dec 1996|
|Court:||Court of Appeal at Nairobi|
|Judge(s):||Abdulrasul Ahmed Lakha|
|Citation:||Michael Mwanda Awandu v Attorney General  eKLR|
|Case History:||(Application for extension of time to lodge Record of Appeal and serve Notice of Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Nairobi (Justice Mwera) dated 25th June, 1992 in H.C.C.C. NO. 3554 OF 1982)|
|History Docket No:||H.C.C.C. No. 3554 of 1982|
|History Judges:||John Wycliffe Mwera|
|Case Outcome:||Application Dismissed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE COURT OF APPEAL
CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 151 OF 1994
MICHAEL MWANDA AWANDU……….……………..APPLICANT
THE ATTORNEY GENERAL……….……………….RESPONDENT
(Application for extension of time to lodge Record of Appeal
and serve Notice of Appeal out of time in an intended appeal
from a Judgment of the High Court of Kenya at Nairobi
dated 25th June, 1992
H.C.C.C. NO. 3554 OF 1982)
This is an application under rule 4 of the Rulos of the Court seeking enlargement of time to file Notice of Appeal from the judgment of Mwera, J. delivered on 25th June, 1992 and to serve the same out of time. It also seeks enlargement of time to file the record of appeal.
A Notice of Appeal however was filed on 7th July, 1992 within time. Therefore the first prayer of the application does not lie. it was not served within time. No reason is given why this was not done. Nor does Mr. Chebii appearing for the applicant know when the default was discovered to enable him to limit the delay, if any, in filing this application which was not done until 20th July, 1994. No explanation has been given for the lapse of time since July 1992. In the circumstances although my discretion is unfettered i do not have before me any material to do so. I am accordingly disinclined to exercise my discretion. The application, is therefore, dismissed with costs.
Dated and delivered at Nairobi this 17th day of December, 1996.
JUDGE OF APPEAL
I certify that this is
a true copy of the original.