RULING
[1] Before me is a notice of motion dated 16th March, 2020 which is taken out by Benson Ndungu Kariuki (the applicant). This being a single judge matter under the provisions of Rule 4 of this Court’s Rules, the only prayer in the said motion that I can deal with is in regard to granting leave to the applicant to file and serve the Notice of Appeal out of time. The other prayers seeking stay of execution are not within my edit as a single judge.
[2] The motion is supported by the applicant’s affidavit which is not dated. Nonetheless, the applicant states therein that judgment was delivered on 11th December, 2019 dismissing his suit with costs to the respondents. However, the applicant was not able to file a notice of appeal due to financial crisis that he was facing until 21st January, 2020 which was outside the prescribed period.
[3] The applicant did not serve this notice of motion upon the respondents. When it came up for hearing before me on 1st July, 2020 by consideration of t…