JOSEPH NJOGU NGOYA
V.
MARGARET NYARIARA KIMANI

R U L I N G

Joseph Njogu Ngoya (applicant), by his notice of motion dated 31^st October, 2013 seeks leave to lodge the Notice of Appeal in HC ELC No. 217 of 2010 out of time.

The application is predicated on the grounds on its face and supported by the applicant’s affidavit sworn on 31^st October, 2013. According to the applicant, the judgment he wishes to appeal against was supposed to be delivered on 13^th September, 2013. The same was nonetheless not delivered on that date. Upon enquiry from the court registry, he was informed that the same would be delivered on notice. That was nonetheless not the case and the judgment was delivered on 20^th September, 2013 without notice.

He deposes that he was only able to trace the file on 14^th October, 2013 by which time the time to file the notice of appeal had already lapsed. He immediately wrote to the court requesting for the judgment and proceedings vide his letter dated 14^th October, 2013 (annexure JNN-B). He contends that he has a good appeal …