ROSE NYABOKE OTONDI V. TOM MURUNGA

RULING:

Tom Murunga, the applicant herein, asks me under rule 4 of the court's rules for two orders, namely:-

(1)that the court be pleased to grant to him leave to file its notice of appeal out of time; and

(2)that the court be pleased to grant to him leave to file his record of appeal out of time.

The background facts of this matter would appear to be that on the 29th May, 1995 the respondent to the motion Rose Nyaboke Otondi sued the applicant over a traffic accident in which her husband was killed. It was alleged that having been served with summons to enter appearance, the applicant neither entered an appearance nor did he file a defence. The case then proceeded ex parte and on the 24th October,, 1996 the High Court at Kisumu entered judgment for the respondent awarding her damages. The applicant thereafter filed an application to set aside that judgment but by a ruling delivered on the 26th March, 1997, the superior court refused to set aside its judgment though the learned judge set…