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RULING
Background
This Notice of Motion dated 7th July, 2020 is brought under Rule 4 of the Court of Appeal Rules by Makasa Kithu (the applicant) seeking the following orders: that the applicant be and is hereby granted leave to file and serve his memorandum of appeal and record of appeal from the judgment and decree delivered by (C. Kariuki, J.) on 17th January, 2020 in Civil Appeal No. 27 of 2018 at the High Court of Kenya at Kitui out of time; and that the costs of this application abide the appeal.
The application is premised inter alia on the grounds that; the judgment intended to be appealed from was delivered on 17th January, 2020; the applicant being dissatisfied with the judgment lodged his notice of appeal timely on 27th January, 2020; the applicant had compiled his record of appeal and it was ready for filing on 29th March, 2020 which was within the sixty days’ time limit prescribed for instituting appeals under Rule 82 of the Court of Appeal Rules; the applicant …