JOHN TOMNO CHESEREM V. SAMMY KIPKETER CHERUIYOT

RULING

Introduction:

[1] This is an application by way of Notice of Motion dated 19^th June, 2017 brought pursuant to Rule 4 of the Court of Appeal Rules (the Rules). The applicant seeks the following orders:

“(1) That this honourable court be pleased to grant leave to the Appellant/Applicant to file the Record of Appeal out of time against the Judgment and decree of Honourable justice C.W. Githua read and delivered on the 31/1/2017 in Eldoret HCCC Appeal No. 151 of 2011 between John Tomno Cheserem (Plaintiff) Versus Sammy Kipketer Cheruiyot (Defendant).

(2) That upon granting prayer (1) above, the annexed draft Record of Appeal be deemed as properly filed and served subject to payment of the requisite court fees.

(3) That costs be in the cause.”

[2] The ground upon which the applicant relies on in support of his application include:

“(a) That the time within which to file the Record of Appeal has lapsed.

(b) That the delay was caused by intervening matters beyond the Appellant/Applicant’s con…