KARAI KIMOMORI WATATWA V. NGATIA KAREKO

RULING

This is yet another application seeking the exercise of this Court’s discretion under Rule 4 of the Court of Appeal Rules (‘the Rules”) for extension of time to file a record of appeal out of time and to validate a notice of appeal. The judgment intended to be challenged was delivered on 27.06.03 and soon thereafter some two Notices of appeal were filed:-

1. An undated and unsigned notice of appeal lodged with the superior court on 10.07.03 by M/S. J.S. Mwangi and Co. advocates for the intended appellant,

2. A notice of appeal dated 10.07.03 signed by the intended appellant in person and lodged in the superior court on 11.07.0.

None of those notices were served on the respondents in clear contravention of Rule 76. The applicant admits that he never wrote any letter bespeaking copies of proceedings or judgment and so the respondent remained in the dark throughout that there was any intention to prefer an appeal. There is no certificate of delay issued by the Registrar either. The re…