STEPHEN KINORO KAMAU V. WANJIKU KINUTHIA & NYAKIEGA KINUTHIA

R U L I N G

This is an application expressed to be brought under rule 4 of the Rules of this Court for leave to file an appeal out of time against the judgment of Ang'awa J delivered on 19th October, 2000 in HCCC NO. 2360 OF 1995 (O.S.).

The notice of appeal was filed timeously. There is no dispute about that. As to whether it was served within the prescribed time or not has not been explained either way to my satisfaction and I will exclude the fact of its proper service or otherwise in the decision of the application before me.

The proceedings were collected from the Registry on 5th February, 2001 and this application was filed about 65 days afterwards. The delay in filing the application is said to have been occasioned by the absence in Mombasa by counsel for the applicant. Counsel's omissions should not be visited upon an innocent litigant. Further, technicalities should not be invoked to work injustice.

The dispute, which has been quite acrimonious, involves land from which the appli…