RULING
This is a very old land case from Kiambu. Both parties are in person, unrepresented. One is very old and the respondent appears to be blind as well.
Unfortunately the applicant’s counsel in the High Court, Mr Kamau, filed the Notice of Appeal which should have been to this Court, in the High Court by mistake, and this was not discovered until it came before Mrs Aluoch J in December, 1985. The high court judgment in this first appeal was dated October 28, 1983. The Notice of Motion for the matter was filed (in the High Court) on January 11, 1984. The only document on this file is an affidavit in support, and a Notice of Motion but both are, indeed, stamped in the High Court registry on January 11, 1984. This supports this applicant’s story.
The applicant says the time lapse was not his fault, as he had not been informed of the date of the judgement of the High Court and did not know of it till January 6, 1984. Thereafter, I am satisfied, the delay was not the applicant’s fault but …