Case Metadata |
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| Case Number: | Misc Appli 550 of 2006 |
|---|---|
| Parties: | SAMUEL NJUGUNA KAMAU v REBECCA MUMBI KIGURU |
| Date Delivered: | 19 Dec 2006 |
| Case Class: | Civil |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | Ruling |
| Judge(s): | John Luka Osiemo |
| Citation: | SAMUEL NJUGUNA KAMAU v REBECCA MUMBI KIGURU [2006] eKLR |
| 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
THE HIGH COURT IN NAIROBI(MILIMANI LAW COURTS)
MISC APPLI 550 OF 2006
SAMUEL NJUGUNA KAMAU ……………………. PLAINTIFF
VERSUS
REBECCA MUMBI KIGURU …………..………DEFENDANT
RULING
The Applicant by way of this Notice of Motion seeks leave to Appeal out of time. The application is premised on the ground that the delay to file the Appeal in time was caused by the Court. The application is also supported by an affidavit sworn by the Applicant Samuel Njuguna Kamau in which he avers that immediately judgment was delivered he instructed his Counsel on record to apply for copies of proceedings and Judgment which he did on 2.6.06 and the same were not received until 12/6/06 which was outside the statutory period allowed within which to prefer appeal.
The application is not opposed. Mr. Mbilyu Counsel for the Respondent in reply to the application did not oppose the application. The Applicant has established that failure to file Appeal within the statutory period was beyond his control and the Appeal being not opposed, the same is allowed. The Applicant to file the Appeal within 14 days from the date of this ruling.
Costs of this application be costs in the Appeal.
DATED at Nairobi this 19th day of December, 2006.
………………………..
J.L.A. OSIEMO
JUDGE
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