NEWTON WANJOHI MWAI (LEGAL REPRESENTATIVE OF STANLEY MWAI NJIRAINI) V. EPHANTUS NGARI NJIRAINI

R U L I N G

[1] The Notice of Motion dated 16^th November, 2011, brought under Rules 4, 5 (2) (b), 41 and 42 of the Court of Appeal Rules, was argued before me. The applicant, Newton Wanjohi Mwai, is the legal representative of the estate of the late Stanley Mwai Njiraini deceased. He is seeking for leave to lodge an appeal out of time against the ruling/order of Sergon, J., delivered on 20^th May, 2011, on the grounds:

(a) That on 14^th May, 2009, Justice Mary Kasango delivered the judgment herein dismissing the applicant's application for revocation of grant dated 23^rd January, 2003.

(b) That the applicant filed an application for review and setting aside the above said Judgment on 17^th December, 2009, which application was dismissed by Justice J. K. Sergon on 20^th May, 2011 and an order to that effect issued on 28^th September, 2011.

(c) That the applicant filed a notice of appeal and applied for certified copies of proceedings on 6^th June, 2011 respectively.

(d) That the said proceedings w…