SAMUEL NJIRANI NGABIA V. MICHAEL THUNGU WANYOIKE & 2 OTHERS

RULING

The application before me is an application dated 24^th June 2009 brought under Rule 4 of this Court’s rules. The applicant seeks leave to file a Notice of Appeal and Record of Appeal out of time and that time be fixed for the filing of the intended Notice of Appeal and the Record of Appeal.

The applicant relies on an affidavit of his advocate Mr George Korongo sworn on 24^th June 2009 and the respondents rely on the 1^st respondent’s affidavit sworn on 3^rd November 2009 by Mr Michael Thungu Wanyoike.

During the hearing on 10^th November, 2009 Mr Korongo the learned counsel for the applicant put forward submissions to the effect that when the ruling in H.C.C.C. 792 of 2003 the subject matter of the intended appeal was delivered on 8^th May 2009 he applied for copies of the formal order on 19^th June 2009 without delay; and further that he filed this application on 24^th June 2009 and therefore the delay could not be said to be inordinate.

The learned counsel for the 1^st respondent Mr Char…