RULING
On 16th day of November, 1995 the applicant, lodged, in this court a Civil Appeal No 199 of 1995 which came up for hearing on 17th day of December, 1996 when it was struck out as being incompetent for want of inclusion of the exhibits in the record of appeal. That appeal was filed by the applicant’s then advocate Mr Makundi.
Mr Mutua the present advocate of the applicant was briefed to take over the conduct of that appeal on 12th February, 1996. Mr Mutua says that he became aware of the lack of exhibits in his own copy of the record of appeal but thought (“wishful” thinking) that the other records of appeal may contain the exhibits.
On 23rd day of December, 1996, some six days after the said appeal was struck out this application was filed. So there is no delay in filing this application. The applicant has moved with good speed to put his house in order. He now seeks leave to file his notice of appeal and record of appeal out of time so that he could argue out the intended appeal …