RULING
[1] The applicant seeks leave under rule 4 of the Court of Appeal Rules to file a notice of appeal and a record of appeal out of time against the order of the High Court (Mugo, J.) made on 27th October, 2005.
[2] It is necessary to state at the outset that there was a previous appeal in this Court against the same order. This was Civil Appeal No. 335 of 2014, Njoroge Njuguna v. Ruth Wanjiku Kamau and Six others. That appeal came for hearing on 22nd March 2017 when it was withdrawn under Rule 16(5) of the Court of Appeal Rules for the reason that it was filed in the name of a dead person contrary to the provisions of Rule 85(1) of the Court of Appeal Rules. The present application was filed on 16th March, 2017, within two weeks of the withdrawal of the appeal.
[3] The application is supported by the affidavit of the applicant who has annexed documents relating to the previous proceedings. The 1st respondent Ruth Wanjiru Kamau (Ruth) did not file a replying affidavit nor did her adv…