TERESIAH WANGARI NDUNGU V. PAUL KAMAU MWANIKI

RULING

Before me is an application by way of Notice of Motion dated the 18^th October 2013. Through this application, Teresiah Wangari Ndungu (the applicant), seeks orders that she be granted leave to appeal out of time against the judgment and decree of Omondi, J. made on the 14^th June 2013, and that the costs of and incidental to this application abide the result of her intended appeal.

The background of the application is fairly simple, and can be gleaned from the applicant’s affidavit sworn on the 18^th October 2013. After delivery of the judgment in the High Court, the applicant instructed her advocate at the time, one Chuma Mburu, to file an appeal. The Notice of Appeal and the Record of Appeal were filed and served within time. After service of the record, it came to the knowledge of Paul Kamau Mwaniki (the respondent) that the said Chuma Mburu did not have a practicing certificate for 2013, and the respondent therefore filed an application in this Court, dated the 16^th September 2…