Ruth Atieno Otiang’a v Fedelia Wasgany Otiang’a & another [2007] KECA 101 (KLR)

REPUBLIC OF KENYA

RUTH ATIENO OTIANG’A ……………..........…………APPLICANT

AND

FEDELIA WASGANY OTIANG’A …….….………1^ST RESPONDENT

JACOB OCHIENG’ OTIANG’A …….…………....2^ND RESPONDENT

(An application for extension of time to validate a notice of appeal filed on 6^th December, 2005 and to serve record of appeal out of time  from the judgment and decree of the High Court of Kenya at Kisumu (Mr. Justice Mohammed Warsame) dated 24^th November, 2005

in

H.C.C.S. NO. 196 OF 2002)

****************

R U L I N G

As both counsel agree that the application dated 26^th October, 2006 be granted, it is hereby so ordered.  The time for serving the notice of appeal filed on 6^th December, 2005 is hereby extended to 27^th of January, 2006 and is deemed to have been properly served.  The record of appeal shall be filed and served within 14 days from the date of this ruling.  Costs of the application shall be paid to the respondent and are assessed at Kshs. 5,000/=.

Made at Kisumu this 23^rd day of March, 2007.

P. N. WAKI

………………………

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR