IN THE COURT OF APPEAL
AT KISUMU
(CORAM:MUSINGA, JA.)
CIVIL APPLICATION NO. 40 OF 2012
BETWEEN
FRANCIS EGOSANGWA KAGULI........................APPELLANT/APPLICANT
VERSUS
BARUSI KAGULI .................................................................... RESPONDENT
(Being an application for leave to appeal as a pauper)
in
H.C.C. A. No. 80 of 2008)
******************
RULING
By an application dated 18th October, 2012, the applicant sought the following orders:
"1. That leave be hereby granted to the appellant/applicant to sue in formal pauperis in terms of the annexed statement and affidavit.
2. That the applicant/appellant (sic) proposed record of appeal be deemed as duly filed upon granting leave to sue as a pauper."
The application was brought under Order LI rule 1 and XXXIII rules 1, 2 and 8 of the Civil Procedure Rules, 2010.
When the application first came up for hearing on 23rd October, 2013, Otieno, JA, rightly pointed out that under rule 115 (2) of the Court of Appeal Rules, the Registrar is requ…