PETER LUKA NDUTU V. DANIEL WAMBUA NDAVI

RULING

PETER LUKA NDUTU, the applicant, asks me under rule 4 of the Rules of the Court to exercise my discretion in his favour and grant him leave to file and serve a notice of appeal and also, a record of appeal out of time.

The applicant, according to his affidavit in support of the application and the submissions of his learned counsel Mr. Musyoki, avers that the omission and the delay in filing and serving the notice of appeal within the time prescribed by the Rules was not of his own making but that of his counsel who failed to lodge the necessary documents.

The judgment the subject matter of the intended appeal was delivered on 8^th July 2004 by Kasango, J. It is common ground that the applicant consequent thereto did not file a notice of appeal, but instead chose to engage in what the learned Judge, Emukule, J termed:

“---------- a rather circuitous and convoluted route sought by the concurrent application, a multiplicity of orders, which in my considered judgment the defendant can…