R U L I N G
In a ruling dated and delivered on 21st March 2000, in the High Court of Kenya at Nairobi P and A No. 1123 of 1989, Etyang’ J. (as he then was) distributed the properties of Esther Gathoni Kamau (deceased) between Pias Nungari Kamau and Ernest Mwaura Kamau on the one hand and Josephat Kariuki Kamau on the other hand. Josephat Kariuki Kamau, the applicant herein, felt aggrieved by the ruling and wanted to appeal.
The record shows that he filed notice of motion for leave to file notice of appeal out of time on 9th June 2000 in this Court. Vide a notice of withdrawal under Order 24 rule 1 of the Civil Procedure Rules, the applicant, acting in person withdrew that notice of motion. He says he did so on wrong advice of his advocate, but all the same he duly signed that notice of withdrawal in person. In response to that notice, a letter dated 21st November 2000 was addressed to the applicant by the Deputy Registrar of this Court informing him that the application was marked withd…