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|Case Number:||civil misc appl 159 of 99|
|Parties:||1. JOHN KIBOGY 2. JONATHAN L. KIBOGY vs 1. PRUDENTIAL FINANCE CO. LIMITED 2. CAPITAL AUCTIONEERS 3. KAMAU|
|Date Delivered:||22 Sep 1999|
|Court:||Court of Appeal at Nakuru|
|Judge(s):||Philip Kiptoo Tunoi|
|Citation:||1. JOHN KIBOGY 2. JONATHAN L. KIBOGY vs 1. PRUDENTIAL FINANCE CO. LIMITED 2. CAPITAL AUCTIONEERS 3. KAMAU 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
(CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 159 OF 1999
1. JOHN KIBOGY
2. JONATHAN L. KIBOGY................................APPLICANTS
1. PRUDENTIAL FINANCE CO. LIMITED
2. CAPITAL AUCTIONEERS
(An application for Extension of time to file an Appeal
from a Judgment of the High Court of Kenya at Eldoret
(Lady Justice Nambuye) dated 11th November, 1997
H.C.C.C. NO. 156 OF 1991)
R U L I N G
The respondents are absent though they were duly served with this application and formally notified of the hearing date by the Court. There is no explanation for their absence. Thus, the application is not opposed. The delay in lodging this application after the appeal was struck out on 26th February, 1999, has been explained to my satisfaction. I exercise my discretion in favour of the applicants and grant the application as prayed. The applicants are granted leave to appeal out of time. They shall file the Notice of Appeal within seven (7) days hereof and lodge the record of appeal within 21 days thereafter. Costs of this application shall abide the results of the intended appeal.
Made at Nakuru this 22nd day of September, 1999.
P. K. TUNOI
JUDGE OF APPEAL
I certify that this is a true copy of the original.