RULING
The application before the court is dated 7th June 2010 and is brought under sections 3A and 3B of the Appellate Jurisdiction Act and rules 4 and 42 of the Court’s Rules. It is based on the five grounds appearing in the body of the application as follows:-
1 That the High Court at Meru did on 30th June 2004 gave a ruling against the applicant in favour of the respondent in a land case No. 184 of 1988, which the applicant is dissatisfied with.
2 That the applicant filed on time both the Notice of appeal and the Record of Appeal.
3 That by oversight the record of appeal did not contain the copies of the pleadings thus rendering the appeal incompetent.
4 That due to the above the record of appeal did not comply with Rule 85(1) of the Rules of this Court
5 That there will be no prejudice to be suffered by the respondent if this application is allowed.
The application is also supported by an affidavit sworn by Mr Charles Mureithi advocate for the applicant on 7th June 2010.
During t…