RULING
I am asked to exercise my discretion under rule 4 of the Court’s Rules in order to enable the applicant Samuel Mwangi to file and serve out of time a notice of appeal and a record of appeal upon the respondent Jeremiah M’Itobi. The applicant had previously filed Civil Appeal No. 180 of 2002. That appeal was struck out by the Court on 2nd November, 2006. I do not think I am required to concern myself with the reason(s) why the full Court struck out the appeal, but I need to point out that the question of whether the appeal being struck out stood any chance of succeeding was not and could not have been gone into. I mention this point at this stage because Mr. Kioga, learned counsel for the respondent, strenuously pressed upon me during the hearing of the motion that the intended appeal stood no chance at all of succeeding and that it would be an exercise in futility to extend time for the applicant. I am aware that a single Judge may be required to consider the possibility of the …