REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA PEAL AT NAIROBI
Civil Appli 70 of 2007 (UR 49/2007)
NGUGI GITONGA ......................................... APPLICANT
AND
ERIC KAGEMA KIGOTHO ......................... RESPONDENT
(Application for leave to file and serve notice of appeal out of time in an intended appeal from the order of the High Court of Kenya
irobi (Ang’awa, J) dated 12th March, 2007
in
H.C.C. Appeal No. 1105 of 2004)
**************************
R U L I N G
I have before me an application by way of notice of motion lodged in the registry on 3rd April 2007 in which the applicant is seeking one main order and that is the order:
“That this Honourable Court do grant the applicant leave to file and serve his notice of appeal out of time against the order of Hon. Mary Ang’awa J. made on 12th February, 2007.”
The applicant is also praying for an order that the costs of and incidental to this application abide the results of the said appeal. The grounds for the same application are as fo…