RULING
In this matter, by a Notice of Motion under rule 4 of the rules of this Court, the Applicant Pauline Wanjiku Kinungi claims an order granting her leave to lodge a Notice of Appeal out of time.
The judgment of the Superior Court which is the subject-matter of the application was delivered on January 25, 1988. The description of the nature of the dispute is important. The Superior Court was seized of succession case No 90 of 1986 in the matter of the estate of John Kihungi Kamau (deceased).
In the supporting affidavit, the applicant contends that she instructed two advocates, one after the other, to lodge a notice of appeal within the time allowed by the Rules but that both advocates let her down.
On 26th September, 1989 the applicant sought to appear by agent.
However, I ordered that by rule 22(1), a party to any proceedings before this Court may appear in person or by an Advocate and not by an agent.
The applicant appeared in person today.
Counsel for the respondent submits that the a…