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|Case Number:||civil appl no.nai.260 of 98|
|Parties:||Bata Shoe Company Limited & Aloice Ojuke v Lincolin Onchoka Nyabuto|
|Date Delivered:||25 Nov 1998|
|Court:||Court of Appeal at Kisumu|
|Judge(s):||Riaga Samuel Cornelius Omolo|
|Citation:||Bata Shoe Company Limited & another v Lincolin Onchoka Nyabuto eKLR|
|Case History:||(In the matter of an application for extension of time to lodge and serve both notice and record of appeal and also an order of stay of execution of the decree of the High Court of Kenya at Kisii (Mr. Justice Mbaluto) dated 4th October, 1995, in H.C.C.C. NO. 599 OF 1994)|
|History Docket No:||H.C.C.C. NO. 599 OF 1994|
|History Judges:||Tom Mbaluto|
|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|
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
CORAM: OMOLO J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 260 OF 1998
BATA SHOE COMPANY LIMITED.........................1ST APPLICANT
ALOICE OJUKE...................................................2ND APPLICANT
LINCOLIN ONCHOKA NYABUTO.............................RESPONDENT
(In the matter of an application for extension of time
to lodge and serve both notice and record of
appeal and also an order of stay of execution of
the decree of the High Court of Kenya at Kisii
(Mr. Justice Mbaluto) dated 4th October, 1995,
H.C.C.C. NO. 599 OF 1994)
The applicant's previous appeal was struck out as being incompetent on the 18th June, 1998. The present motion for the extention of time to lodge a notice of appeal and the record of appeal out of time was lodged on the 10th July, 1998. That was a reasonable time. Though counsel for the applicant is absent for unexplained reason, Mr. Kirenga for the respondent does not oppose the motion. Accordingly I grant leave to the applicant on the following terms: 1.The notice of appeal must be filed and served within seven days of the date hereof.
2.The record of appeal itself must be filed within twenty one (21) days of the date hereof.
3.The applicant shall pay to the respondent the costs of this application in any event.
Dated and delivered at Kisumu this 25th day of November, 1998 at 9.20 a.m.
R. S. C. OMOLO ....................
JUDGE OF APPEAL
I certify that this is a true copy of the original.