R U L I N G
1. David Hopcraft, the applicant, seeks leave of this court to file the record of appeal out of time. He seeks to appeal against the ruling of the High Court (Kimondo J) dated 15th March 2013 dismissing his application to set aside the ex-parte judgment which had been entered against him in HCCC No. 643 of 2010.
2. The application is based on the ground that following the entry of that ex-parte judgment against the applicant and the second respondent, both of whom were defendants in that case, the applicant’s attention was focused on applications to set aside that judgment thus inadvertently causing him not to file the record of appeal in time. It is also based on the ground that he was under a misapprehension that his appeal could ride on the crest of the 2nd respondent’s appeal No. 265 of 2013 which has already been filed in this Court.
3. Relying on the affidavit of his colleague, Mr. James Torore Makori, counsel for the applicant argued that upon delivery of the
ruling on …