<p class="ql-align-justify">R U L I N G</p><p class="ql-align-justify">On 11th October, 2001, the superior court at Meru (Tuiyot, J.) delivered a judgment in which he dismissed the applicant’s appeal from the decision of the Resident Magistrate at Siakago in Civil Case No. 3 of 1998. The applicant felt aggrieved and filed a Notice of Appeal on 23rd October, 2001. Before that, he applied to the Deputy Registrar at Embu for certified copies of proceedings and judgment. That was on 22nd October, 2003. It does not appear to me that that letter was copied and sent to the respondent as is required by rule 81(2) of the Court of Appeal Rules. However, this is not mine to go into at this juncture. Suffice it that after that letter seeking proceedings was forwarded to the court, the court file went missing and there are correspondences between the applicant in person, and the then Chief Justice and the Registrar of the High Court on the same which would prove to my satisfaction that the file went missing and the same copies of the proceedings and judgme…</p>