IN THE COURT OF APPEAL
AT KISUMU
(CORAM: OMOLO J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 27 OF 1998
BETWEEN
JOSIAH OCHARO NYANCHAMA ................................APPLICANT
AND
ISMAEL ONDIEK.....................................................RESPONDENT
(Application for extension of time within which to lodge an appeal out of time from the Judgment of the High Court of Kenya at Kisii (Mr. Justice V.V. Patel) dated 30th June, 1993 in H.C.C.C. NO.222 OF 1997)
R U L I N G
I refuse to exercise my discretion in favour of the applicant. His previous appeal to this Court was struck out on 14th March, 1997. He says that thereafter he became sick and was suffering from cerebral malaria. He is some kind of a civil servant and he has attached a sick-sheet to support his contention that he was sick. The dates are all confined to July, 1997. There is no explanation as to what he was doing between 14th March, 1997 when the appeal was struck out and the month of July, 1997 when he started being treat…