JOSES KILONGI V. HOUSING FINANCE COMPANY (K) LTD & NAMBAK LIMITED

RULING

This is an application brought under Rule 4 of this Court's Rules seeking extension of time in which to file a Notice of Appeal and Record of Appeal out of time. The grounds upon which this application is brought were stated as follows:

"a)That the ruling which the applicant wants to appeal against was delivered without notice to the applicant. The same having been adjourned on several occasions from 29th day of July 1998 to 29th day of June 2000.

b)That the applicant's advocate Mrs Muriungi came to know of the ruling in October 2000 when she met with Mr. S.M. Chege counsel for the second defendant who informed her of the ruling.

c)That the court file has been missing now and then and the same was found in November 2000 when the applicant's counsel was able to read the ruling."

During the hearing of this application on 25th September 2001 Mrs Muruingi for the applicant submitted that a Notice of Appeal could not be filed in time because they were not aware of the ruling.

Mr Mugo for …