R U L I N G
On 11th March, 1998 the superior court (Aganyanya, J) ordered eviction of the applicant Stanley Njoroge from a parcel of land known as LOC. 3/KARIUA/385 (hereinafter could "the suit land"). The suit land has had a long history of litigation which I need not concern myself with.
I am told that the applicant's counsel lodged his notice of appeal on 25th March, 1998 and applied for copies of proceedings and judgment during the prescribed period and that the said copies were available for collection on 17th November, 1998. If such was the case the intended appeal ought to have been filed on or before 11th February, 1999, not counting the Christmas vacation period.
The applicant did not file the record of appeal in time. He says that he was attacked by acute Phumatoid (sic) Arthritis and was therefore hospitalized for a long time. The other reason he gives for the delay is that he was in financial difficulties and could not pay for the services of his advocates. The financial diff…