IZAAK MWANGI KURIA V. KIBUCHI MURITHI

RULING

[1] Before me is a notice of motion filed on 26^th February,2020 which is taken out by Izaak Mwangi Kuria (the applicant) where he seeks leave to file a notice and record of appeal out of time in regard to the Ruling delivered as above on 12^th July, 2018. According to the grounds in support of the motion, summary judgment was entered against the applicant and he was therefore denied an opportunity to present his case. The motion is supported by the applicant’s affidavit sworn on 24^th September, 2019 in which he complains that he was not aware of the said ruling where his suit was dismissed until in the month of August, 2019 when the respondent wanted to evict him from his home where he lives with his wife and children.

[2] The applicant further stated that it was on 23^rd September, 2019 when he was able to get a copy of the ruling and that he intends to appeal on the five (5) grounds stated in the draft memorandum of appeal. According to the applicant, he has an arguable appeal as…