PATEL V. WAWERU & 2 OTHERS

RULING

This is a reference to the court under rule 54 of the Rules of this Court from the decision of Bosire JA sitting as a single judge of this court delivered on 29th November 2002. The learned single judge exercised his discretion under rule 4 of this Court’s Rules by dismissing the applicant’s application for extension of time within which to seek leave to appeal against the decision of the superior court (Aganyanya J) given on 15^th December, 1998.

In dismissing the applicant’s application the learned single judge expressed himself thus:-

“The applicant’s application for leave to appeal was struck out on 29th May, 2001. But this motion was not brought until 21st August, 2002. If the applicant was able to take out a motion for leave to lodge an appeal in January, 1998 it has not been explained satisfactorily why the applicant did not renew the application promptly. I am unable to accept that the delay in taking out this motion was due to mere oversight or a mistake on the part of the…