RULING OF THE COURT
1. By notice of motion dated 22nd October 2020 brought under Section 3A and 3B of the Appellate Jurisdiction Act and Rules 4, 41, 42 and 43 of the Court of Appeal Rules (2010), the applicant seeks an order to file his memorandum and record of appeal out of time against the ruling of the Honourable Obaga, J in Environment and Land Court Case No. 346 of 2010 issued on 25th October 2018 and that the notice of appeal dated 30th October 2018 lodged in the Environment and Land Court be deemed as duly filed.
2. Prior this application, the trial court issued a decree on 18th May 2017 dismissing the Applicant’s suit for non-attendance pursuant to the provisions under Order 12(3) of the Civil Procedure Rules. Consequently the applicant by way of chamber summons dated 18th May 2017 moved the court to reinstate the same. The trial court in the impugned ruling dated 25th October 2018 found that it lacked jurisdiction to question the manner in which it exercised its own discretion…