IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OKWENGU JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 25 OF 2020
BETWEEN
JOSEPH PATRICK WANG’ANG’A...........................APPLICANT
AND
PATRICK KIMETHU...............................................RESPONDENT
(Being an application for extension of time to file and serve a notice of appeal out of time against the judgment of the Environment and Land Court at Thika (L. Gacheru, J) delivered on 29 th November, 2019
in
ELC No. 20 of 2019)
******************
RULING
[1] By a notice of motion dated 6th February, 2020, lodged in Court on 7th February 2020, the applicant Joseph Patrick Wang’ang’a seeks to have time extended to enable him file and serve a notice of appeal out of time. In the alternative, the applicant seeks to have the notice of appeal that he had filed on 19th December, 2019 deemed as properly filed and duly served.
[2] The applicant explains that although judgment was entered against him on 29th November, 2019 he only became aware of it on 18th Dec…