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RULING
This is an application brought under rule 4 of the Rules of this Court whereby the applicant seeks leave to lodge his notice of appeal and record of appeal out of time. The judgment which is sought to be appealed against was entered on 15th December, 2000. The superior court (Juma J.) awarded a total sum of shs.4,222,249/75 to the respondent who, as a result of an accident involving the applicant's 'matatu' in which vehicle she was a passenger, suffered severe degree of paralysis of all 4 limbs and other injuries. She is confined to a wheel-chair existence.
The application is based on the following grounds:
1.The applicant's previous advocates failed to call defence witnesses when the trial was going on.
2.The said advocates ceased acting without notifying the applicant.
3.The intended appeal has 'strong' chance of success.
4.The delay in filing this application is unintentional, not inordinate and excusable.
Mr. Kasamani who acts for the applicant says that the delay in filing "the a…