Case Metadata |
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| Case Number: | civil misc appl 225 of 98 |
|---|---|
| Parties: | JUSTUS KABAYA vs JOSES M'THIKANYI M'ERINGO |
| Date Delivered: | 26 Oct 1999 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nyeri |
| Case Action: | |
| Judge(s): | Akilano Molade Akiwumi, Richard Otieno Kwach |
| Citation: | JUSTUS KABAYA vs JOSES M'THIKANYI M'ERINGO[1999] 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
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO J.A (IN CHAMBERS)
CIVIL APPLICATION NO.NAI. 214 OF 1998
BETWEEN
JUSTUS KABAYA .......................................APPLICANT
AND
JOSES M'THIKANYI M'ERINGO ...........................RESPONDENT
(Application for extension of time to file an appeal from
the judgment of the High Court of Kenya at Meru
(Etyang J) dated 7th April, 1998
in
H.C.C.C. NO. 56 OF 1993)
******************
RULING ON REFERENCE TO FULL COURT
This is a reference under rule 54 of the Court of Appeal Rules from a decision of Tunoi, JA. sitting as a single Judge of this Court given on 11th May, 1999.
As the learned Judge correctly found the application did not lie at the time it was filed as the period prescribed under the Rules had not elapsed. That aside, the applicant did not place before the learned single Judge all the material necessary for his exercise of the discretionary power. In the result the reference fails and is dismissed with costs to the respondents.
Dated and delivered at Nyeri this 26th day of October, 1999.
R. O. KWACH
---------------
JUDGE OF APPEAL
A. M. AKIWUMI
---------------
JUDGE OF APPEAL
A. B. SHAH
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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