July 26, 1985, Platt Ag JA delivered the following Ruling.
The applicant moved the court pursuant to his notice of motion filed on May 6, 1985, seeking orders that time be extended for him to lodge his notice of appeal out of time. At the outset, Mr Gathuku criticized the heading of the application with reason: it was amended and the application is taken under rule 4 of the Court of Appeal Rules.
The application is unusual and further more took an unusual turn. It is not contested that Mr Mwalabu, the applicant, was the unsuccessful respondent, in an application decided in favour of his wife under the Married Women’s Property Act 1882, whereby the parties were adjudged to be joint owners of a plot of land. This decision was given on March 19, 1985. Mr Mwalabu had 14 days under rule 74(2) of the Court of Appeal Rules to lodge his notice of appeal, that is until April 2, 1985. According to Mr M he had wished to be present when the judgment was delivered, but his advocate, Mr Kiraitu had b…