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…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…

…The notice of appeal was filed on July 4, 1990 within the prescribed time and although the affidavit in support (the affidavit) by Mr.…

…The applicant has obtained extension of time to lodge a new appeal and has filed a fresh notice of appeal on the basis of which it has now made the present application.…

…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…

…which was brought put per in curium: whether an appeal lies from the ruling made under sections 27, 28 and 30 of the Limitation of Actions Act and if this is in affirmative whether the tortfeasor should be served with the Notice…

…of Appeal, the Record of the proceedings, the judgement / ruling and the Hearing Notice of the appeal.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…On the instructions of Mr Matiba, the appellant who was acting for him in his election petition, unsuccessfully moved this Court in Misc Application No 241 of 1993, to strike out the Notice of Appeal.…