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|Case Number:||civil appl no. nai. 196 of 1996|
|Parties:||RAJDIP HOUSING DEVELOPMENT LIMITED vs JOHN WACIRA WAMBUGU|
|Date Delivered:||29 Apr 1997|
|Court:||Court of Appeal at Nairobi|
|Judge(s):||A B Shah|
|Citation:||RAJDIP HOUSING DEVELOPMENT LIMITED vs JOHN WACIRA WAMBUGUeKLR|
|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: SHAH, J.A. (IN CHAMBERS)
(CIVIL APPLICATION NO. NAI. 196 OF 1996)
RAJDIP HOUSING DEVELOPMENT LIMITED ....................APPLICANT
JOHN WACIRA WAMBUGU ...................................RESPONDENT
(An application for leave to file a Notice of Appeal and an
Appeal out of time in an intended appeal
from a Decree of the High Court of Kenya at Nairobi (Justice
Akiwumi) dated 14th August, 1992
H.C.C.C. NO. 3211 OF 1991)
R U L I N G
Mr. Machira for the respondent is not opposing this application by Rajdip Housing Development Co. Limited for extension of time to file a notice of appeal and the consequent record of appeal out of time. There have been many decisions of this court recently allowing such applications as this one provided the applicant moves the court in good time.
This application was filed in a record time of less than two working days, after the first appeal, being C.A. No. 146 of 1992, was struck out as being incompetent, for want of inclusion of certified copy of the decree appealed against in the record of appeal. I allow this application in the circumstances and order that the new notice of appeal be filed within the next seven days and the record of appeal within 21 days thereafter . I think Mr. Machira is correct in seeking costs. It was not for his fault that the appeal in question was struck out. The applicant is seeking an indulgence. The applicant will pay costs of this application within the next 21 days, failing which execution may issue.
Dated and delivered at Nairobi this 29th day of April, 1997.
JUDGE OF APPEAL
I certify that this is a true copy of the original.