REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
(CORAM: SHAH, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI 157 OF 1997 (NYR 8/98)
BETWEEN
JOHN NJIRU MUYA.......................................APPLICANT
AND
1. NGUU MUYA
2. DANIEL MUKUNYA...................................RESPONDENTS
(Application for extension of time within which to file
record of appeal from a ruling and order of the High
Court of Kenya at Nyeri (Mr. Justice J.A. Osiemo)
dated 14th November, 1996
in
H.C.C.A. NO. 102 OF 1993)
***********
R U L I N G
It is indeed amazing that Mr. Kathungu was not aware of the well known proviso to rule 81 of the Rules of this Court Mr. Kariithi has correctly pointed out that Mr. Kathungu ought to have known of the said proviso. In fact at the time this application was filed the time to file the appeal itself had not run out. Instead of filing the appeal the applicant filed this application.
Whilst I deprecate the fact that an advocate does not read the rules I cannot allow the innocent (rule-…