JOHN BUNDI MAGIRI V. CO-OPERATIVE BANK OF KENYA LTD & ISABEL WARUGURU MWANGI

RULING

This is an application under Rule 4 of this Court’s Rules. It seeks two orders, first, that this Court be pleased to grant leave to the applicant to file the Notice of Appeal out of time, second, that leave be granted to the applicant to file and serve a Record of Appeal out of time.

The background facts are that on 23^rd October, 2009, the superior court Khaminwa, J. had upon application for review dated 19^th June 2008 reviewed her own orders issued on 6^th May 2009 and 25^th November, 2008. The first order stated:

‘On 30^th July 2008, an injunction was issued by the High Court restraining the 2^nd defendant from interfering with the plaintiff’s quiet occupying of the plaintiff’s property until 5^th August, 2008. The Orders were extended from time to time the 2^nd defendant has filed a defence and a counterclaim for orders of possession or against the plaintiff and mesne profits at the rate of Kshs.12,000 per month until possession is granted .................................. I see the…