IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, JA (IN CHAMBERS)
CIVIL APPLICATION NO. 78 OF 2014
BETWEEN
DAVID OTEBA OOKO..................................................................... APPLICANT
AND
PETER JOE EMONGOR ................................................................RESPONDENT
(An Application for enlargement or extension of time to lodge a Notice of Appeal against the judgment of the High Court of Kenya at Busia (Kibunja, J.) dated 19th June, 2014
in
ELC NO. 101 OF 2013)
******************
RULING
1. This is an application brought principally under Rule 4 of the Court of Appeal Rules for leave to file the notice and record of appeal out of time. The application is based on the grounds that though the applicant instructed his erstwhile counsel to appeal against the judgment in Busia HCC No. 101 of 2013 immediately after its delivery, that counsel did not file the notice of appeal. When, thirty days after that, the applicant realized that his instructions had not been carried ou…