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This is an application under Rule 4 of the Court of Appeal Rules. James Mwangi Mathenge (applicant) is seeking for extension of time to file an appeal out of time. This application is predicated on the grounds stated on the body of the application and the matters deposed to in the applicants’ supporting affidavit sworn on the 12th day of June, 2014.
Briefly stated, it is the applicants’ case that after the judgment was pronounced by the High Court on the 14th day of February, 2005, the outcome was communicated to him by his Advocate. He was aggrieved by the said judgment and consequently he instructed an advocate to file the appeal. To his utter disappointment, no appeal was filed. The applicant admitted there was inordinate delay in filing the appeal but he contended that was due to the fact that he relied on his advocate who failed to act diligently.
During the hearing of this appeal, the applicant who was acting in person reiterated the above ground and emphasized that he …