JAMES NYASIMI KIANA V. DAVID NANKONE MBOA

R U L I N G

By a Notice of Motion dated 24^th May 2016, the applicant, James Nyasimi Kiana has applied for time to be extended to file and serve a Notice and a Record of Appeal under Rule 4 of the Court of Appeal Rules 2010.

The Notice of Motion was filed on grounds that by the time the applicant’s counsel notified him of the judgment in mid May 2015, the time for filing of the notice of appeal had lapsed. The applicant then instructed his counsel Mr. Bosire of Bosire Gichana and Company advocates to file an appeal, but that it was not until early February 2016 that the applicant learnt that the former advocate had not taken any steps to file the appeal. This led him to instruct the firm of Begi and Company Advocates to file the appeal instead. It was further contended that there was an arguable appeal which would be rendered nugatory if leave was not granted to the applicant to file the appeal out of time, and that the respondent would not suffer any prejudice.

In a supporting affidavit …