WILLIE KIRITU KIGOTHO V. FRESHIA WAMBUI MUIRURI

RULING OF THE COURT

By the motion dated 12^th July 2016 and brought under Rule 82 and 84 of the Court of Appeal Rules, the applicant Willie Kiritu Kigotho seeks to strike out “the appeal herein, having been instituted after the prescribed time.”

The grounds on which the motion is premised are;

1. “That judgment in the ELC No. 29 of 2013 was delivered on 19^th September 2014 by Hon. Lady Justice L.N. Waithaka in favour of the Applicant/Respondent.

2. That the Respondent/Appellant filed her notice of appeal and requested for typed proceedings dated 30^th September 2014 but filed at the registry on 1^st October 2014.

3. That there was delay in the preparation of the typed proceedings and a certificate of delay issued by the Deputy Registrar (ELC) on 8^th March 2016.

4. That the Appellant/Respondent thereafter lodged the record of appeal at the registry on 3^rd May 2016.

5. That record of appeal was lodged out of the prescribed time limit under Rule 83 of the Court of Appeal Rules.

6. That it is theref…