JACOB KINYUA KIGANO V. TABITHA NJOKI KIGANO & SOLOMON MACHERE MUNGE

R U L I N G

The Notice of Motion dated 5^th day of June, 2013, by Jacob Kinyua Kigano (applicant), seeks for extension of time within which to file an appeal against the entire judgment of Ong'udi, J., in Embu High Court Civil Appeal No. 83 of 2009, which was delivered on 1^st March, 2003. The application is brought under the provisions of Rule 4 and 42 of the Court of Appeal Rules.

The background to this application as narrated in the supporting affidavit sworn by the applicant on 5^th June, 2013, is that according to the applicant, he was aggrieved by the judgment of Ong'udi, J., delivered on 1^st March, 2012, and he immediately instructed his Advocates by the name of Kamuga Mburu to appeal against the entire decision. However, the said advocates filed a Notice of Appeal dated 13^th March, 2012, but failed to file an appeal. The said Advocates nonetheless applied for stay of execution before the High Court and an interim order of stay of execution was granted on 16^th March, 2012. It is not…