MARGARET MUTHONI MUCHIGA V. ESTHER KAMORI GICHOHI

RULING

This is an application under Rule 4 of the Court of Appeal Rules from the judgment and order of the superior court (Khaminwa, J.) dated 2^nd October, 2007. The application is supported by an affidavit sworn by Morris Guchura Njage, learned counsel for the applicant. The judgment in the case before the superior court was delivered on 2^nd October, 2007, and a notice of appeal was indeed filed within time on 12^th October, 2007. Then the applicant went to slumber until 9^th January, 2008, a period of almost three months. There is absolutely no explanation of the reasons for delay by the applicant during that period. She has sworn no affidavit to explain what, if anything, she did to have her previous advocate file the appeal in time. Instead, her new advocate, Mr. Njage, has sworn the supporting affidavit, in which he depones, in part, that

“...on perusing the court file, I noticed that M/s R.M. Mugo and Co. had neither applied for nor obtained a copy of the proceedings or judgment i…