WILLIAM NJIHIA KIMANI V. FRANCIS WAWERU MBOCHI

RULING OF THE COURT

1. By a Notice of Motion dated 11th June, 2019, the applicant moved the Court under Rule 4 of the Court of Appeal Rules seeking extension of time to file and serve out of time the Notice and Record of Appeal against the Ruling delivered by the Hon. Lady Justice Okwengu, J. (as she was then) dated 23rd November, 2010 in Nairobi High Court Civil Case No. 2761 of 1994 (currently Nyahururu ELC Case No. 36 of 2018).

2. The central premise of the application is that the applicant was unaware of the Ruling by the High Court dated 23rd November, 2010 allowing the Respondent’s application dated 10th December, 2008 seeking cancellation of the title deed issued in favour of the applicant. He avers that the Ruling was delivered in his absence, that his advocate on record never informed him of the intended delivery of the impugned Ruling as he had fallen out with the advocate over fees payable and as a result he had not lodged a Notice of Appeal within the stipulated time frame. …