IN THE COURT OF APPEAL
AT NAIROBI
CIVIL MISCELLANEOUS APPLICATION 55 OF 1984
JOSHUA CHEGE WANYOIKE ..................................................... APPLICANT
AND
JAMES THIGA MUKURO ........................................................ RESPONDENT
(Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In
High Court Civil Case No 235 of 1982
_________________
RULING
The applicant was duly served with the notice for the hearing of the application but did not attend as required. The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today. Under the circumstances the hearing proceeded ex parte under rule 55(1).
Mr. Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 198…